SHASHI KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374 (2) of the code of Criminal Procedure being aggrieved by the Judgment, finding and sentence dated 29-6-1993 passed by the Additional Sessions Judge, Dlndorl in Sessions Trial No. 21/92 whereby the appellant has been convicted under Sections 306 and 498-A of IPC and sentenced to R. I, for 3 years and 8 months respectively to run concurrently.

(2.) THE prosecution case is that Chhatar singh Rathore, Ward Boy, P. H. C. , Dindori submitted a written report given by Dr. R. M. Mishra, Assistant Surgeon, P. H. C. , Dlndori on 12-11-1991 to Station House Officer, police Station Dindori that Smt. Anita namdeo W/o Shashi Kumar, aged about 29 years was admitted in hospital. It was a case of finite poisoning. She expired on 12-11-1991 at 6. 45 p. m. On this report, the marg intimation No. 4/91 was registered and the inquiry was made. It was found that Smt. Anita Namdeo committed suicide on account of harassment and ill-treatment for demand of dowry by husband and his relatives and not conceiving the child. The crime No. 210/ 91 was registered under Section 306 of IPC. The dead body of deceased was sent for postmortem examination which was conducted by Dr. R. M. Mishra on 13-11-1991. He opined that the death was due to asphyxia as a result of some poisoning. The container of Begon spray was seized from the spot. The statement of Smt. Anita Namdeo was recorded. Her brother submitted some letters which were seized by the police for proof of her handwriting. A copy was also seized. Her brother Umesh Kumar Namdeo also submitted a written report to the police. After completing the investigation, the charge-sheet was filed in the Court of Judicial Magistrate First Class, Dindori wherein the criminal Case No. 813/91 was registered and the case was committed to the Sessions court on 31-1-1992.

(3.) THE accused persons were charged under Sections 498-A, 304-B and 306 of IPC. The charges were that before 12-11-1991 within 7 years of marriage at Civil Lines, dindori the accused Shashi Kumar being the husband of Smt. Anita Namdeo and other accused persons being the relatives of her husband subjected to cruelty for demand of dowry and for not conceiving the child as a result of which she committed suicide by taking poison on account of abetment.