STATE OF MADHYA PRADESH Vs. SHRIRAM & ANR

JUDGEMENT

(1.) This criminal appeal is preferred by the State against the impugned order dated 05.12009 passed by the High Court of Madhya Pradesh, Bench at Jabalpur in Criminal Appeal No. 3187 of 1999, wherein, the High Court set aside the order of conviction & sentence passed by the Trial Court against the respondents herein.

(2.) The factual matrix as advanced by the prosecution, necessary for the disposal of this case is that, one Sarita Bai was married to respondent no. 1 on 23.04.1998. Ever since her marriage, she was alleged to have been tortured and ill treated by her in-laws, including her husband i.e. respondent no. 1 and mother-in-law i.e. respondent no. 3.

(3.) On 14.07.1998, Sarita Bai (hereinafter referred to as 'deceased') committed suicide at her in-laws' (respondents) place by consuming poison. Thereafter, investigation was conducted by the police and respondents were charged under Sec. 498-A/34, 304-B/34 of IPC and alternatively under Sec. 306/34 of IPC. Trial Court after examining the witnesses and evidence available on record, found the respondents guilty for committing offence under Sec. 498-A/34 and Sec. 306/34 of IPC. Therefore, vide order dated 22.11.1999, respondents were convicted and sentenced to undergo rigorous imprisonment of 3 years for offence committed under Sec. 498-A/34 and rigorous imprisonment of 5 years for offence committed under Sec. 306/34 of IPC. The sentences were ordered to run concurrently.