MADHUKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6-8-1996 passed ; by he Additional Sessions Judge, Dhamtari in Sessions Trial No. 299/1994 convicting the appellant for the offence punishable under Section 306 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for four years and pay fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Case of the prosecution in brief is that marriage of deceased-Nita with the present appellant was performed in the year 1990 and out of their wedlock two children were born. Further case of the prosecution is that from the very beginning of marriage the deceased was subjected to cruelty by the appellant and his mother namely Phulbasan Bai for demand of dowry as a result of which she committed suicide on 20-3-1994 by consuming poison. Merg intimation Ex. P-9 was given by an employee of the hospital and thereafter FIR Ex. P-13 was registered on 9-4-2004. Dead body of Nita was sent for post-mortem examination to Government Hospital, Dhamtari where Dr. Ramesh Kumar Tripathi (PW-9) conducted the post-mortem and vide his report (Ex. P-6) opined that cause of death was cardio-respiratory failure as a result of poisonous substance. After completion of investigation charge-sheet was filed against the accused/appellant and his mother Phulbasan Bai.

(3.) So as to hold the accused/appellant guilty, prosecution has examined as many as 19 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.