PRAVESH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred this appeal aggrieved by the judgment of conviction and sentence dated 21.7.2008 passed by Ninth Additional Sessions Judge, Indore, in Session Trial No.341/2002, whereby held the appellant -accused guilty for the offence under section 306 IPC and also under section 498A IPC and sentenced him to five years RI with a fine of Rs. 1,000/ - and two years RI with a fine of Rs.500/ - respectively. Both the sentences are ordered to run concurrently.

(2.) BRIEFLY stated the facts of the case are, the appellant is the husband of deceased Ritu, whose marriage was performed on 8.3.1999 at Indore. It is alleged that after marriage the present appellant together with father -in -law, mother -in -law and brother -in -law (four accused persons) repeatedly harassed the deceased Ritu coupled with demand of dowry. Ritu died due to fall from the running train in between Gosalpur and Devri Station on 3.5.2002. On this information the inquest report had been registered and the dead body of the deceased was sent for post -mortem examination. Thereafter, the father of the deceased Ritu had lodged FIR at Police Station Annapurna, Indore for the alleged harassment and demand of dowry, on which basis the police had registered a case under sections 304B, 306 and 498A of IPC against the present appellant, together with three co -accused Smt. Uma Sharma, Prahlad Sharma, father -in -law and mother -in -law of the deceased Ritu and Pranav, brother -in -law (Devar) of the deceased Ritu. After recording of the evidence the accused persons had been arrested and charge -sheet has been filed.

(3.) HAVING heard learned counsel for the appellant as well as Government Advocate for the State and perused the record.