MANOJ Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal, preferred by the appellant, he has challenged his conviction under sections 498-A and 306 of the Indian Penal Code and sentence of R.I. for three years and seven years and fine of Rs. 200/-, in default of payment of fine to suffer additional R.I. for 15 days and R.I. for five years and fine of Rs. 200/-, in default of payment of fine to suffer additional R.I. for 15 days respectively with direction to run both the substantive jail sentences concurrently, passed by the learned Addl. Sessions Judge, Jobat District Jhabua in Sessions rial No. 40/2007 by judgment dated 03.01.2008.

(2.) According to the prosecution deceased Sumitra was married with the appellant before 9 to 10 years. Out of this wedlock they were having two children. The appellant, after consuming liquor used to beat and harass his wife (the deceased). The appellant was also having doubt over her character and also levelling allegation to this effect. The deceased was disclosing all these facts and about behaviour of the appellant to her parents when-ever she was visiting their house. The appellant was admonished by the parents of deceased and the appellant some times assured them to correct himself and not to beat and misbehave with the deceased. On 13.11.2006, the deceased was found dead inside her house because of burning. According to the prosecution case, she committed suicide because of cruel behaviour of the appellant. The matter was reported. to the village Chowkidar Naansa who lodged the report at the Police Station' and the Police registered the MARG. Dead body of the deceased was sent for postmortem - examination and the same was conducted by PW-9 Dr S.N. Dawar. The postmortem examination report is Ex.P/11. After due investigation, the appellant was charge-sheeted for commission of the aforementioned offences.

(3.) The appellant denied the charges and pleaded not guilty. In defence he examined three witnesses whereas the prosecution, in order to establish its case has examined in total tern witnesses and adduced 15 documents. Learned trial Court, after hearing both the parties, finding the appellant guilty, convicted and sentenced him as indicated herein-above.