ARVIND JOSHI Vs. STATE

JUDGEMENT

(1.) BY judgment and order, dated 31. 10. 2006, passed, in Sessions Case No. 56 (K)/2002, by the learned Additional Sessions Judge (FTC) No. 1, Kamrup, Guwahati, the present appellant is convicted under Sections 498a and 306 IPC and he stands sentenced to suffer, for his conviction under Sections 498a IPC, rigorous imprisonment for a period of six months and fine of Rs. 1,000/ - and, in default of payment of fine, suffer rigorous imprisonment for a further period of one month and to undergo, for his conviction under Sections 306 IPC, rigorous imprisonment for a period of two years and six months and fine of Rs. 2,000/ - and, in default of payment of fine, suffer rigorous imprisonment for a further period of two months, both the sentences having been directed to run concurrently.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described thus: Kiron Joshi (since deceased) was legally wedded wife of the appellant, Major Arvind Joshi, their marriage having been solemnized, on 14. 02. 1985, at Meerut Cantt. On 10. 04. 1992, Kiron Joshi's dead body was found hanging by her neck inside the bath -room of their residential accommodation provided to them at Army Officer's Mess of 4 Corps, OMC, Solmara, Tezpur, where the said deceased used to stay with her husband and two male children. Having been informed, over phone, at Gwalior, by the accused that his wife had died, appellant's father -in -law, Rajendra Kr. Tiwari (PW2), accompanied by his son, Major Neelesh Tiewari (PW11), came to Tezpur and, upon seeing the dead body, they, having suspected that Kiran had been killed by the appellant, lodged a written Ejahar with Tezpur Police Station alleging, inter alia, that since after her marriage with Arvind Joshi (i. e. , the appellant), Kiran had been tortured by the accused by raising demands for money and other valuable properties and that the informant suspected that Kiran had not committed suicide; rather, she had been killed. Based on this First Information Report, police registered Tezpur Police Station Case No. 359/1992, against the present appellant, under Sections 498a and 304b IPC.

(3.) DURING trial, charges under Sections 498a and 304b IPC were framed against the accused. As the accused pleaded not guilty to the charges so framed against him, the trial proceeded. In support of their case, the prosecution examined as many as 18 witnesses. The accused was, then, examined under Section 313 Cr. P. C. In his examination aforementioned, the accused denied that he had committed the offences alleged to have been committed by him, the case of the defence being that of denial inasmuch the accused contended that he had cordial relation with the said deceased, he never subjected her to cruelty and that his wife committed suicide due to strained relation, which her parents had been maintaining with each other, and also due to hostile attitude, which the members of her parental family had been maintaining towards each other. In support of its case, the defence too examined three witnesses. Having found the accused -appellant guilty of the offences charged with, the learned trial Court convicted him accordingly and passed sentences against him as have been mentioned hereinabove. Aggrieved by his conviction and the sentences passed against him, the convicted person has preferred this appeal.