RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18.3.99 whereby the learned Sessions Judge, Sikar, convicted and sentenced the appellant to 5 years R.l. and Rs. 500.00 as fine U/s. 306 Penal Code and to 2 years R.l. and Rs. 300.00 as fine under Sec. 498-A Penal Code in Sessions Case No. 91/98 State Vs. Ramesh .

(2.) The relevant facts are these :

(3.) Mr. A.K. Gupta, the learned counsel for the appellant vehemently urged that the learned trial Judge did not appreciate the evidence on the record of the case in right perspective and erred on facts and in law in holding the appellant guilty of the offences under Sec. 498-A and 306 IPC. The learned counsel further submitted that the prosecution witnesses, who supported the prosecution case against the appellant, were highly interested witnesses and were unreliable and their testimony deserved to have been rejected by the trial court. It was further submitted by the learned counsel that occasional and unintended skirmishes and even exchange of hot words between a spouse are the normal features of married life and such a behaviour, if at ali, on the part of the appellant would not fall within the purview of the definition of the term 'abetment'. In support of his arguments the learned counsel relied upon the cases of Swamy Prahlad Das Vs. State of M.P & Anr. (1995 SCC (Cr.) 943 , Mahender Singh & Anr. Vs. State of M.P (1996 Cr.LJ 894) , Jainul Haque Vs. State of Bihar (AIR 1974 SC 45) and Tangappamdian Vs. State through Dy. Superintendent of Police (1998 Cr.LJ 993) . After considering the arguments of Mr. Gupta in the light of the evidence brought by the prosecution on the record of the learned trial Judge in this case, I fail to agree with him.