AMAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal under Section 374 of the Code of Criminal Procedure, against his conviction under Section 306 and under Section 498-A of Indian Penal Code and sentenced to undergo 10 years' R. I. and three years' R. I. respectively and fine of Rs. 100/- under each section and in default of payment of fine, to further undergo one month's R. I. retrospectively, by judgment dated 5-5-2003 in Sessions Trial No. 180/2002 by Additional Sessions Judge, Ganj Basoda, District Vidisha.

(2.) THE appellant is the husband of deceased Ram Bai. According to the prosecution case, the incident took place in the intervening night of 24th and 25th of June, 2002 at about 2 a. m. and at about 17. 30 hours (5. 30 p. m.) the appellant lodged a report to the Police Station, Ganj Basoda that in the night he was sleeping in the room alongwith his children after taking meals, at 2 o'clock in the night he heard the voice of his wife, she was shouting. When he came outside, he found his wife ablazed. He called his brothers Babulal and Mardan. They extinguished the fire by putting water on her body. She had died. He informed Chowkidar and thereafter informed the incident to the police. On the basis of merg intimation 'dehati Nalishi' was recorded. Police reached at the spot and investigated the matter. Deadbody was referred for post-mortem. During investigation, statements of father Bhujjilal, mother Ram Kunwar, sister Sonabai, Babulal brother of the appellant and Atar Bai wife of Babulal were recorded. In the investigation and also from the statements of the witnesses it was found that the deceased was subjected to cruelty and harassment by her husband. It was found that the appellant used to beat her and was not giving food. It was also alleged that the appellant was not doing any work and regularly used to ask Rambai to bring money from her father. Many a times the demand was fulfilled by the parents of the deceased and money was given. Lastly 15 days before her death deceased Rambai went to her father's place and asked for money but due to destruction of the crops her father was not in a position to help her, therefore, the help was denied to her. The prosecution case was that on account of cruelty and mal-treatment meted out with Rambai by her husband she has committed suicide. After investigation charge-sheet was filed. During trial charge was framed under Section 306, IPC and in alternate, for the offence punishable under Section 302 and also for the offence punishable under Section 498-A, IPC.

(3.) DURING trial, appellant abjured his guilt and has taken the defence that he is a patient of epilepsy and, therefore, Rambai was denying to live with him. On the date of incident he was sleeping in his room, Rambai came out from the room, closed the doors from outside and has committed suicide.