DINESH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374 (2), Cr. P. C. feeling aggrieved by the impugned judgment dated 6. 10. 1994 passed by the IInd Additional Sessions Judge, Ratlam in S. T. No. 160/1993, whereby the appellant has been found guilty under Section 304b, IPC and has been sentenced to 10 years' RI. He has also been found guilty under Section 498a IPC and has been sentenced to three years' RI with a fine of Rs. 1,000; in default of payment of fine further ordered to suffer imprisonment for six months. Both the sentences are ordered to run concurrently.

(2.) THE brief facts of the case are that the appellant has got married with the deceased Kiranbai on 17. 1. 1993 as per the Hindu rites. After the marriage both the present appellant as well as his wife Kiranbai lived together. As per the prosecution case, the appellant repeatedly harassed the deceased Kiranbai with regard to the demand of dowry and subjected her with cruelty. Resultantly, Kiranbai consumed some poisonous substance on the date of the incident i. e. , on 12. 6. 1993 and thereby, she died. The matter has been reported to the Police Station, Station Road, Ratlam. The police has registered the Marg Report and issued a requisition for the post mortem examination of the dead body of the deceased Kiranbai. Dr. Deep Vyas (P. W. 4) performed the post-mortem but he could not give the definite opinion with regard to the cause of death. The viscera has been preserved for chemical examination and handed it over to the police for examination. The viscera report has been received wherein it is found that the viscera contained poisonous substance Glycosides. Thus the police came to the conclusion that after consuming the aforesaid poisonous substance Kiranbai died in suspicious circumstances within 7 years of her marriage, therefore, on the basis of that the police has registered a case under Sections 304b and 498a, IPC against the appellant-accused husband of the deceased Kiranbai, arrested him, recorded the statements of the parents and other relatives of the deceased and after due investigation, filed the chare sheet against the appellant before the Trial Court. The appellant accused abjured his guilt and his defence is of false implication in the case by the police. The learned Trial Court after due appreciation of the entire prosecution evidence on record, found the appellant guilty under Sections 304b and 498a, IPC and sentenced him, as stated herein before. Feeling aggrieved, the appellant has preferred this appeal.

(3.) I have heard learned Counsel for the parties and perused the record.