AYUB BEG Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of Criminal procedure has been filed being aggrieved by the judgment, finding and sentence dated 23/08/1994 passed by 2nd Additional Sessions judge, East Nimar, Khandwa in Sessions Trial No. 36/94, whereby the appellant has been convicted under Section 306 I. P. C. and sentenced to R. I. of 5 years and a fine of Rs. 500/-, in default of payment of fine further to undergo R. I. for 6 months.

(2.) PROSECUTION case in short is that on 19. 10. 1993, Noorjahan the mother of Zareena informed at Police Station Moghat Road, khandwa that her daughter Zareena was married with appellant ayub prior to 1? years of the incident. Appellant suspected her character and used to harass and also caused marpeet. On account of ill-treatment her daughter committed suicide by hanging. Marg intimation No. 55/93 was registered and the inquiry was made. It was found that on account of ill-treatment and misbehaviour of the appellant Zareena committed suicide. Crime no. 377/93 was registered under Section 306 I. P. C. The postmortem of the dead body of Zareena was conducted, accordingly it was found that the mode of death was asphyxia due to hanging within 24 hours of examination. The map was prepared. Nylon rope was seized from the appellant. Statements of the witnesses were recorded. After completing the usual investigation, charge sheet was filed in the Court of C. J. M. , Khandwa, who committed the case to the Session Courts for trial.

(3.) APPELLANT stood charged under Section 306 I. P. C. He denied the guilt and claimed to be tried mainly contending that he has been falsely implicated. Prosecution examined as many as 11 witnesses whereas the appellant did not examine any witness in his defence. After appreciating the evidence trial Court found him guilty under section 306 I. P. C and sentenced thereunder as stated hereinabove in para no. 1 of this judgment. Being aggrieved by the judgment, finding and sentence, the instant appeal has been preferred on the grounds mentioned in the memo of appeal.