SHANKAR LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal preferred under Section 374(2) of the Code of Criminal Procedure, 1973 is directed against the judgment of conviction for the offences under Section 498A IPC r/w 304B IPC and order of sentence for said offences for one year rigorous imprisonment and fine of Rs.1,000/- with default stipulation and imprisonment of life respectively.

(2.) In short, prosecution case is that on 16.3.2008 wife of appellant was admitted in burnt condition in District Hospital, Mandla for treatment. Dr. Mahendra Teja (PW/9) examined her and provided her the treatment. Her dying declaration Exh. P/1 was recorded by Executive Magistrate Shri Abdul Haque (PW/12). After her death, Dr. Teja sent her report Exh. P/13 on 17.3.2008 to Police Station, Mandla. In turn, Marg Intimation Exh. P/24 under Section 174 Cr.P.C. was registered and 'panchnama' of the body (Exh. P/21) was prepared. The postmortem was conducted by Dr. A. Hussain (PW/14). The burnt clothes and other material were seized from the spot (Exh. P/16). A spot map was prepared by the Patwari. The seized material/clothes etc. were sent for chemical examination to FSL, Sagar and its report Exh. P/29 was produced before the court below. The challan was filed and accused was charged under Section 498A and 304B of IPC. Since accused pleaded innocence and urged that he was falsely implicated, he was put to trial.

(3.) The Court below framed five points for decision and came to hold that prosecution was successful in establishing beyond reasonable doubt that appellant is guilty of offences under Section 498A and 304B of IPC.