SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal Suresh Kumar, calls in question the judgment dated 7.8.1999 of the learned Addl. Sessions Judge, Parbatsar, whereby the appellant was convicted under section 306 & 498-A, IPC, sentenced to undergo five years S.I. and pay a fine of Rs. 10,000.00, in default 10 months S.I. under the first count and one year S.I. and a fine of Rs. 2,000.00, in default 4 months S.I. under the second count.

(2.) The prosecution case, as set out in the FIR Ex. P/1 lodged by Kesri Chand (PW 1), was that Kaushalya was married to Suresh Kumar (appellant) some times in 1987 and there was no issue out of the wedlock, and that Suresh Kumar used to harass Kaushalya for procuring money from her parents house and for that purpose he even used to beat her. It was stated that a sum of Rs. 5,000.00 was paid to Kaushalya once. It was further stated that Om Prakash Sharma had informed him (Kesri Chand) that Suresh had thrown away the body of Kaushalya in a well after killing her. On this report, a case under sections 306 & 498-A, Penal Code was registered. The police after completion of usual investigation, filed a challan.

(3.) The learned Addl. Sessions Judge, vide order dated 9.3.1999 framed charges under sections 498-A & 306 Penal Code against appellant-Suresh Kumar who pleaded not guilty. The prosecution examined PW 1 Kesri Chand, PW 2 Smt. Devki, PW 3 Sampati Devi, PW 4 Om Prakash, PW 5 Jetha Ram, PW 6 Shailendra Kumar, PW 7 Govind Prasad, PW 8 Indra, PW 9 Motilal, PW 10 Bhagwana Rain, PW 11 Shankerlal, PW 12 Prem Singh, PW 13 Dr. Rajendra Kumar & PW 14 Narayan Singh. Accused-appellant in his statement under section 313, Crimial P.C. denied accusation. He denied to have ever given beatings to his deceased wife. He did not examine any witness in defence. After hearing the learned counsel for the parties, the learned Addl. Sessions Judge held that the prosecution has successfully brought home the charges against the appellant. He, therefore, convicted and sentenced him as stated above.