-B^~~ Yadiam StateofM.P POST ON 23 JUNE. 2009 Sd/- R.L. Jhanwar Judge "*s^jy ic^^r^ v^> ^ ./''--..^ cy /T^ ^.~,^.\ i. t-i-1 <^t CU-i; Yadram. S/o Mariglu, ased about 20 vears R/o Salouikala, Fouce Stauon - Buaigarh, District- Raipur State of M.P. through PoUce Station. OUfctlgfcU.JUL, i^XiSllJLCt JE'LfcU.pLU. Shri H.S. Patel. couiisel for the aDneilant. Ql--;"" T T T-r C< r'"h^—^^li0"^,-.1 T -.TTT-:T"-* •f'-^ •'-U^ Q+-+ l-TJ.l.li <^.iYi-0. <-/J-I.CU.1<AC2., 1~ CU.l^-.l i-/(A^V J C.J. 1\J± LULC. l->L.Ct.L JUDGMENT (DeUvered On 23_ 6.2009) 1. This Crmiinal Apueal is directed agam.st tae iudsiuent of conviction and order of sentence dated 15th F'ebniarv 1999 'oassRfl. i" S.T. No.459/96. wherebv fhe leamed 51 Additional Sessions Judse. Balodabazar has convicted th.e a.onellaitt under Section 498- A and Section 307 of fhe IPC and sentenced hira to undergo R.I. for 3 vears asd to pav a fiae of Rs. l.OOO./ -. ia default of paviuent of fine to fartber undergo S.I. for 6 inonths under Section 498- A 8s R.L of7 years and to pay fiiie ofRs. 1.000/-. in default of payi&ent of fine to further undergo S.I. for six xaonfhs under Section 307 offae 2. Case of fhe orosecution. in brief. is fhat the com.plaiiiaiit Saritoshi Baiwas laarried with the aoneUant No.l-Yadram on 20.5.1994. The ariT3eIlaiit-Yadrs..!ii used to com.nel her to bring Rs. 20.000./- froia her fafher for nurchasiilg inotorcvcle. On 21.12.1995. aBpellaiit-Yadrais. assaulted her witli club: as a result she siist.auied iiTiiiries cn her ''v^^sS^-. ^ ^' ^ - '7 - liea.d & foreliead. On 'the sajiie day ia fbe night, aDoellant-Yadraiit had atteiacted to inurder her bv Dressing her neck bv iron chain; however. he could not succeed. On 21.10.1955. s.b.e left for her Mitan Sasiir - Ramdin. where also the ariDeUant-Yadraiit had beaten her wifh club & siipoer. Oa 23.10.1995 anpeUaat-Yadram snatched her golden & silver omaitients and weut to Chinairi. Tbereafter. coinplamaiit- Santos.hi Bai went to her inatemal hoiae and narrated tbe entire incident. After 3 inonths, her husband-Yadram has taken her back to his house. He agaui started nressurizing her to bring Rs.20.000/- aiid on her denial, he continued beatm.g her. A written report was lodged by fhe coinplainaat -Santoshi Bai and on her mitten report. Ex. P-1, the FIR was rcgistered by the in- charge- PoUce Station - Bilaigarh and fhe ina.tter was uivestigated. 3. After coinpleting the uivestigation, charge sheet was filed before the Judicial Magistrate lat Class Balodabazar. who. in tum, conrmitted the case to the Court of Sessions. Rainur. The leamed Sessions Judge, Raiwu- laade over the sanie to fbe learaed II Additional Sessions Judge, Balodabazar for trial. Charee under Sections 498-A &. 307 read witli Section 34 of tlie IPC was framed a-nd exnlaiiied to tlie appeUaiit, who aforiired the esilt aad took a defence fhat he is in.aoceat and has been falsely tm.pUcated. 4. The learaed trisl Coiirt after evaluatin" fhe evideuce available o.u record he3.d fhe appeUaat guufrv- of tbe oQence punishable iiader Section 498-A read \nth Section 34 & Section 307 ofthe IPC aad tliereafter convicted ajid sentenced hini. Duriiis pendency of fhe apneal, the aDoeUaat aad coiaolaiaant have entered iato coBicroinise. This Court vide order dated 17.2.2009 1- '--'»*,(... A. "• ^s igyag -3- a.cquitted the aDpellaat- Yadiaia of fhe charge uader Sectioa. 498-A of the !PC. However, charge under Section 307 of the iPC reraaised pending against the accused/appellaiit- Yadrain. ssaBsm' 6. I have heard leanied counsel for bofh the Barti.es and perused fhe record of fhe trial Court. 7. Froni perusal oftlie record aad evidence of coiaBlataant - Santoshi Bai, it appears tb.at she has ouly deposed tha.t t3ie aupellsm.t-Yadram ha.d tried to inurder her bv pressuis; her neck bv iron cliahi. but neither she gave any detaJls regardiag tlie iacident nor she reported fhe inatter to aavone before lodging fhe iastaat coniclauit. To supoort the above version, fhere is nothiae on recori.: even witaesses have deposed noting about the said iiicident. Even ttie coinDlamant herself did not narrate the incident in the i&eetins of Sahu Sconaz. In fhese circuinstances. this Court is of the ooinion fliat the siagle testiinony of coinplainaat - Santoshi Bai about that iucident cau not be accepted to rorove fhe guild asaiust fhe appeUarit. Therefore. tiie leamed trial Court has com.initted error ia convicting the apoeUailt-Yadrasi for the ofience under Section. 307 oftlie IPC. 8. In &e result, the apDeal succeeds. Conviction for offence uader Section 307 of fbe IPC recorded bv the tnal Court aiid sente-aced passed bv fhe trial Court for coTnmittimg tlie said offence is set aside. The apr>eISaiit.-Yadram is acauitted of fhe offence under Section 307 offhe !PC. He be set at Uberty. forfhwitli. -Sd/- R.L.3han'Na'f Judge