LALMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 4.8.1995 passed by 2nd Additional Sessions Judge, Seoni in S. T. No.155/1993.

(2.) Appellant was prosecuted for commission of offence punishable under Section 302 of IPC. Trial Court held appellant guilty for commission of offence and awarded sentence of life with fine of Rs.1,000/-. Trial Court further ordered that if the appellant did not deposit fine amount he shall further undergo six months imprisonment.

(3.) Prosecution story in brief is that the deceased was the wife of the appellant. The marriage was solemnized on 25.4.1993 at Kagaj Nagar (A.P.). Appellant made demand of Rs.30,000/- from the deceased. On the date of the incident mother of the appellant called a nurse which was posted at Community Health Center Barghat and told her that the deceased was unconscious. Nurse came at the residence of the appellant. She did not opine that whether the deceased was dead or unconscious, she advised the appellant to take the deceased to a hospital. Appellant had taken the deceased to Community Health Center Barghat where she was declared dead. Dr. P. K. Sarvaiya In-charge of the Community Health Center had given the information of incident to the police. On. 9.9.1993 Dr. P. K. Sarvaiya and Smt. V. Jatar conducted postmortem of the deceased and found that the deceased was died due to strangulation. The police filed the charge sheet against the appellant. Appellant abjured his guilt and pleaded innocence.