LAWS(CHH)-2015-9-37

DILIP KUMAR Vs. STATE OF M.P.

Decided On September 11, 2015
DILIP KUMAR Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The appellant has preferred this appeal assailing the judgment of conviction and order of sentence dated 06.05.1998 passed by the Additional Sessions Judge (Special Judge, NDPS), Raipur in Sessions Trial No.342 of 1997, whereby and whereunder the trial Court after holding the appellant guilty for commission of offence, convicted him under Sections 306 & 498A of the IPC and sentenced him to undergo R.I. for 6 years & to pay fine of Rs.2,000/-, in default of payment of fine to undergo additional S.I. for 6 months and to undergo R.I. for 2 years & to pay fine of Rs.1,000/-, in default of payment of fine to undergo additional S.I. for 3 months respectively. Both the sentences were directed to run concurrently.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, marriage of deceased Beena with appellant was solemnized in the year 1992. On the fateful day i.e. 20.05.1997, at about 9.00 to 10.00 a.m., deceased was found hanging from the ceiling fan in the house of appellant, situated at Tatiband. It is the story of the prosecution that she committed suicide within seven years of her marriage as a result of abetment caused by her husband. It is also alleged that soon after her marriage, she was being treated with cruelty in connection with demand of dowry.