Madhya Pradesh High Court
Ramfhal vs The State Of M.P. on 27 December, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VINAY SARAF
ON THE 27 th OF DECEMBER, 2023
CRIMINAL APPEAL No. 1278 of 2000
BETWEEN:-
RAMFHAL SON OF SHRI HARI PRASAD YADAV, AGED
ABOUT 32 YEARS, R/O SIMRAKHURD POLICE STATION
RITHI DISTRICT JABALPUR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI AYUSH CHOUBEY - ADVOCATE)
AND
THE STATE OF M.P. THROUGH THE P.S. RITHI DISTRICT
JABALPUR, (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI YOGENDRA DAS YADAV - GOVERNMENT ADVOCATE)
Th is appeal coming on for hearing this day, t h e court passed the
following:
JUDGMENT
By the present appeal filed under Section 374(2) of the Code of Criminal
Procedure, the appellant has challenged the judgment of conviction and order of
sentence dated 26.04.2000 passed by IInd Additional Sessions Judge,
Murwara, Katni in S.T. No.206/1998 whereby the appellant has been convicted
under Section 498-A of Indian Penal Code and sentenced to undergo six
months R.I. and fine of Rs.200/- and in default, to further undergo one month
S.I.
2. The learned counsel for the appellant has submitted that the
prosecution failed to prove the case beyond reasonable doubt. During the trial,
the appellant remained in custody since 06.02.1998 to 27.02.1998. He prayed
for acquittal of the appellant.
3 . Per contra, the learned counsel appearing for the respondent/State
supported the judgment and submitted that the prosecution has duly proved the
incident and the learned sessions Court has rightly convicted the appellant under
Section 498-A of Indian Penal Code.
4. After considering the arguments of both the parties and after perusal of
record, it appears that on 05.02.1998, Crime No.18/1998 under Section 306 and
498-A was registered against the present appellant at Police Station- Rithi,
District Jabalpur on the allegation that the wife of the appellant has committed
suicide due to the harassment in connection with the demand of dowry by
consuming poisonous substance. After investigation, charge-sheet was filed.
Prosecution has examined as many as 13 witnesses to prove the case. No one
was examined by the defence. The Sessions Judge after considering the
statements of the witnesses acquitted the appellant from the charges punishable
under Sections 306 of the IPC and convicted under Section 498-A as stated
herein above.
5. The prosecution has proved the allegation of harassment to the
deceased in connection with demand of dowry by the appellant. Bisarti Bai
(PW-3), Ramkumar Yadav (PW-4) have duly supported the case of the
prosecution and the conviction under Section 498-A of the IPC is based on due
to appreciation of evidence and is hereby upheld.
6. However, looking to the facts that the incident took place in the year
1998 the prosecution has not brought any past criminal antecedents of the
appellant on record. There is no minimum sentence has been prescribed under
Section 498-A of Indian Penal Code, I deem it proper to reduce the jail
sentence of the appellant to the extent of the period which he has already
undergone and accordingly, the jail sentence is reduced. However, fine is
enhanced from Rs.200/- to Rs.5000/-. The appellant shall deposit the enhanced
amount within a period of two months from today. The appellant is on bail, his
personal bonds and bail bonds be discharged. Accordingly, the appeal is
partly allowed.
7 . Record of the trial Court be sent back along with copy of the
judgment.
(VINAY SARAF)
JUDGE
R
