RAJARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Special leave granted. The appellant (husband of the deceased) is aggrieved by his conviction under Sec. 498A of the Indian Penal Code (IPC) and the sentence imposed on him. His appeal, against the conviction and sentence in respect of that offence, was dismissed by the impugned judgment of the Madhya Pradesh High Court.

(2.) The prosecution alleged that on 23/4/2009 at 10:00 A.M., information was received from the hospital that a woman had been brought there by her husband (the appellant) in a burnt condition. At the request of Police Station Ashok Nagar District Ashoknagar, Guna, M.P, the medico legal certificate (MLC) of the injured Pushpa was issued. Her dying declaration was recorded.

(3.) On 23/4/2009, some burnt clothes smelling of kerosene oil, one chimani, one broken mangalsutra smelling of kerosene oil, a match box with "Anand " containing 3-4 match sticks were seized. A spot map too, was prepared. Statements of witnesses were recorded. The injured Pushpa succumbed to her injuries on 10/5/2009 in the district hospital, Guna. A post-mortem was conducted. The seized articles were sent for FSL. Police, after completing the investigation filed the charge sheet against the Appellants for offence under Ss. 302, 307, 304B, 498A/34 of Indian Penal Code (IPC) and under Sec. 3 and 4 of the Dowry Prohibition Act. The trial court, by order dtd. 30/9/2009, framed charges under Ss. 498A, 302 or in the alternative 304B of IPC against the Santi Bai, whereas framed charges under Ss. 498A, 304B of IPC against remaining accused, namely the appellant, Ramdayal, Ram Singh, Kamla Bai and Susheela Bai @ Halki. The accused pleaded not guilty. The prosecution examined 15 witnesses. Susheela Bai @ Halki had initially appeared before the trial court and thereafter absented herself; she was declared absconding and a perpetual warrant of arrest was issued. The trial court, by the impugned judgments, convicted and sentenced Santi Bai for the offence under Sec. 302 IPC and the appellant and other accused for the offence under Sec. 498A IPC.