SHIVCHARAN Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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Atul Sreedharan,J. -
(1.) The present appeal has been filed by the appellant, aggrieved by the judgment and order dated 10-07-2019 passed by the II Additional Sessions Judge, Multai, District Betul, in Sessions Trial No. 101/2018. The appellant has been found guilty and convicted to suffer seven years RI for the offence under Section 306 IPC and a fine of Rs. 1,000/- with an additional RI of three months in default thereof. He has also been convicted for an offence under Section 498-A of IPC and sentenced to rigorous imprisonment for two years and fine of Rs. 1,000/- in default of the same, to undergo RI of an additional three months. With the consent of parties, this appeal is finally heard.
(2.) Briefly stated, the case of the prosecution is that the appellant herein who is a labourer, is the husband of the deceased Bhimibai. The marriage was solemnised with the consent of both the parties and their families on 16-05- 2017. The deceased consumed poison and died on 04-07- 2018, just about a year after she got married.
(3.) Vide order dated 10-12-2018, charges were framed against the appellant u/ss. 304-B and 498-A of IPC. However, as the prosecution was unable to prove the demand of dowry, the learned court below acquitted him of the charge under Section 304-B but convicted him for an offence under Section 498-A and 306 of IPC. It would be relevant to mention here that the appellant was never charged under Section 306 of IPC.;
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