HARISH CHANDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 28.1.1988 of the learned Second Additional Sessions Judge, Chhindwara, in Sessions Trial No. 47 of 1986, by which the appellant has been convicted for offence under sections 306 and 498A of the Indian Penal Code and sentenced, respectively, to Rigorous Imprisonment for seven years and two years. Both sentences have been directed to run concurrently.

(2.) THE appellant was married to the deceased Sunita on 27.6.1985. It is alleged that the accused had made a demand of three Tolas of gold. The deceased Sunita, after her marriage, had gone to the house of the accused, but on learning that her mother belonged to Gond community, the accused, it is alleged, started humiliating her and persisted in his demand of three Tolas of gold. After about 2 -1/2 months of the marriage, it is alleged that Sunita had come back to her parents' house and when the accused Harish Chandra tried to bring her back to his house, she refused to go with him as he was, according to the prosecution, harassing her in perseverance of his demand for three Tolas of gold. It is alleged that Sunita, in order to save herself from this harassment, went to the house of her Jija (brother -in - law) Hiraji (PW 4). She was, however, persuaded by her parents and the accused to accompany the accused and while on way to the house of the accused they had stayed in the house of Ram Prakash Tripathi (PW 6), Sunita committed suicide in the said house.

(3.) THE accused denied the charges' and pleaded that he was innocent. The learned Additional Sessions Judge, however, on trial found the appellant guilty of the said offences and convicted and sentenced him, as stated above.