MOHD TARIQ Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 03.05.2008 passed by the IV Additional Sessions Judge, (Fast Track), Hoshangabad in S.T. No. 154/2007 whereby the appellant has been convicted for an offence punishable under section 302 and 201 of the I.P.C. and sentenced to life imprisonment and fine of Rs. 200/- with a stipulation of additional sentence of six months R.I. in case of default and five years R.I. with fine of Rs. 300/- with default stipulation respectively.

(2.) The prosecution case, in brief, is that the appellant who was married to the deceased Anjum Bano two years prior to the incident and was a Moulvi in a mosque situated in village Papan, appeared with the dead body of the deceased Anjum Bano to the Government Hospital, Harda at around 9 AM on 006.2007 whereupon the police authorities of Harda were informed and consequently, constable Vaheed Khan PW-7 recorded a merg intimation and thereafter after conducting an enquiry, recorded an F.I.R. on 04.06.2007.

(3.) According to the prosecution, the post mortem of the deceased Anjum Bano was conducted at District Hospital, Harda on 02.06.2007 whereupon it was found that the deceased had been strangulated and the cause of death was asphyxia due to strangulation. The post mortem also established the fact that the upper ring of trachea was fractured on account of the strangulation. According to the prosecution, on investigation, it was found that the appellant used to demand dowry from the deceased and also doubted her character and used to frequently physically abuse her on account of that.