RAMESH ALIAS BABU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374 (2) of the Criminal Procedure Code being aggrieved by the judgment dated 14. 7. 1990 by the Sessions Judge, Seoni (M. P.) in Sessions Trial No. 14/89 convicting the appellant under Section 306 and 498a of the JPC and sentenced for three years R. I and two years rigorous imprisonment respectively under the aforesaid sections.

(2.) ACCORDING to the case of the prosecution. Smt. Purnima wife of appellant was remained subjected to cruelty and ill treatment by the appellant in his family. The appellant has ousted her from his house on dated 3. 7. 1988. On reporting the same to the police it was recorded in the Rojnamcha Sana. Subsequent to it, the matter was subsided and she came back to live with the appellant. On dated 22. 12. 1988 the dead body of said Purnima was found in the well. On information given by Kamal Kishor the inquest report was registered, during its inquiry an offence Under Section 306 of the IPC was registered against the appellant. After holding investigation he was charge-sheeted Under Section 306 and 498a of the IPC.

(3.) ON committing the Sessions, the charges Under Section 306 in alternate Under Section 4. 98 A of the IPC were framed against the appellant. The same were denied by him, the trial was held, in which the prosecution has examined as well as seven witnesses in order to prove its case while no one has been examined on behalf of life defence. On appreciation of the evidence the appellant was held guilty under the aforesaid both the sections and sentenced as said above. Hence, this appeal was preferred on behalf of the appellant