PRAHLAD TANWANI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 12/8/1996, passed by IIIrd Additional Sessions Judge, Chhindwara in Sessions Trial No.90/89 convicting and sentencing the appellant as under with a further direction that the custodial sentences shall run concurrently :- Convicted under Sentenced to Section undergo R.I. for one year and to pay fine of 498-A of the IPC Rs, 1000/- in default, to suffer R.I. for six months.. undergo R.I. for 4 years and to pay fine of 306 of the IPC Rs.2000/- in default, to suffer R.I. for six ___months_

(2.) The following facts are not in serious dispute:- (a) Kalawati was the maiden name of the deceased. Her parental home was situated at Bairagarh, a suburb of Bhopal (M.P.). She was the real sister of Moolchand (PW13), Chandra Prakash (PW15) and Late Shobhraj, the husband of Lajwanti (PW 14). Her marriage was solemnized with the appellant, a resident of Bhatapara, District Raipur (now in C.G.) on 29/1/1981 and, at the matrimonial home her name was changed as Kanta. In the wedlock, a son, named as Shailesh, was born. He was about five years of age at the time of his mother's untimely death. (b) Initially, the appellant was in a private job. After marriage, he was selected by Public Service Commission for appointment to the State Accounts Service. At the relevant point of time, he was posted as Accounts Officer at Chhindwara, where he was residing in a Government Bungalow with his wife, son and younger brother Ravi (DW5). In one of its rooms, earmarked for use as kitchen, dead body of Kalawati @ Kanta (hereinafter referred to as 'Kanta') was found lying in a severely burnt condition on 11/1/1989. The appellant, who had returned from Bhopal a few hours before the death of Kanta, was inside the bungalow at the time of the occurrence.

(3.) Prosecution story, in short, may be narrated as under: