MUNNA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal is directed against the judgment recorded in Sessions Trial No. 244 of 1997/08 of 1997 where under the IInd Additional Sessions Judge at Aurangabad had found the appellant guilty under Section 306 of the Indian Penal Code, 1860 ("the Code", in short) and had sentenced him to undergo rigorous imprisonment for 10 years while acquitting other accused-persons.

(2.) The short argument of the earned Counsel for the appellant is that the appellant with two others was charged under Sections 304-B and 201 of the Code but in the judgment the learned trial Court did not find the charges to have been proved but came to the conclusion that the offence was proved under Section 306 of the Code so much so that the appellant, the husband of deceased, could be said to have abetted commission of suicide by his wife for demanding Rs. 2,000.00 which, as allegation goes, the brother of the deceased had taken from the husband side for depositing in a Peerless policy but had not so deposited.

(3.) On discussion of the evidence that was brought on the record, the learned lower Court came to the conclusion that there was no material on record to find that the accused-persons had committed murder of the deceased and so far as charge under Section 304-B of the Code was concerned, the ingredients for establishing that charge were not proved so much so that demand of dowry also was not proved. Holding that, the learned lower Court, in the concluding part of the judgment, observed that even then the demand for Rs. 2,000.00 was the cause of committing suicide by the wife, hence the husband had abetted that suicide. Holding this much learned lower Court ordered as follows: As such charge under Section 304-B, I.P.C. is amended to the charge under Section 306 of Indian Penal Code, 1860 since the defence is not prejudiced because there is ample evidence on the record so I find and hold that the accused Munna Choudhary is guilty for the offence committed under Section 306, I.P.C....