ANIL KUMAR JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/appellant has preferred this appeal against his conviction for offence punishable under Section 304-B of the IPC and sentence of 7 years R. I. imposed on him, therefore, by judgment dt. 28-4-92 in S.T. No. 91/91 of the Court of IIIrd Additional Sessions Judge, Bhopal.

(2.) The undisputed facts are that the deceased Hemlata was married to accused/appellant on 14-2-89. Deceased Hemlata died on hanging on 23-7-89, i.e. within about six months of her marriage. The prosecution story in brief is that the accused/appellant used to ask deceased Hemlata to bring money from her parents and relatives and used to maltreat and torture her. On account of the maltreatment and cruelty, the deceased Hemlata committed suicide by hanging herself. The accused/appellant had called his landlord Ramprasad Prajapati (P.W. 1) immediately after the incident, who lodged the report (Ex.P-7) of the incident. Police came to the spot and got opened the door of the room in which the deceased had committed suicide. The dead body was sent for post-mortem examination. Dr. D. K. Satpati (P.W. 11) conducted the post-mortem examination on the body of deceased Hemlata on 24-7-89 and opined as per his report (Ex.P-10), that the cause of death of Hemlata was asphyxia as a result of hanging. It was also reported that the death was within 24 hours of the post-mortem examination. Viscera was preserved and was advised to be sent for chemical analysis.

(3.) Learned Trial Court framed charge for offence punishable under Section 304-B of the IPC against the accused/appellant, which was denied by the accused/appellant. After trial, by the impugned judgment the Learned Trial Court found that the offence punishable under Section 304-B of IPC has been proved beyond reasonable doubt against the accused/appellant; and he was accordingly convicted and sentenced as has been mentioned earlier.