AYYUB ALI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has filed this appeal, challenging his conviction u/s. 498-A of the IPC, sentence to undergo RI for three years with fine of Rs. 5,000/-; in default whereof to undergo RI for six months, passed by learned Addl. Sessions Judge. Jaora in ST No. 181/1990, judgment dated 1st October 1994.

(2.) PROSECUTION case in short as put forth before the trial Court is that on 6-10-1989 at about 7. 45 p. m. wife of the appellant jubeda committed suicide in his residential house situated in Jaora because the appellant was intentionally harassing her and ill-treating her by demand of dowry, she was also beaten. Because of demand of dowry, ill-treatment, harassment and beating, the wife of the appellant Jubeda committed suicide by consuming some poisonous substance.

(3.) THE matter was reported from Civil hospital, Jaora to police by Dr. Shrivastava through report (Ex. P. 1 ). SHO Laxmansingh chouhan (P. W. 7) registered inquest No. 15/ 1989 and started enquiry. In enquiry, he found that appellant was ill-treating his wife for demand of dowry and registered the offence u/s. 306 of the IPC against the appellant. In search of the house of the appellant, letters were seized and one letter was seized from father of deceased. Fate mohammed (P. W. 3 ). After inquest proceedings, dead body was sent for postmortem examination and the same was conducted on 7-10-1989 by Dr. I. L. Chandelkar (P. W. 2 ). The postmortem report is Ex. P. 2. Dr. Chandelkar did not find any external or internal injury and could not be in a position to give any opinion about cause of death, therefore, he preserved viscera and same was sent for chemical examination. In viscera report vide Ex. P. 24 it has come that deceased consumed some poisonous substance/pesticide "bhc". On completion of investigation, police filed the charge sheet for commission of offence of dowry death against the appellant.