LAWS(SC)-2018-1-39

MST. ANUSUIYA @ SARASWATIBAI Vs. STATE OF MADHYA PRADESH

Decided On January 25, 2018
Mst. Anusuiya @ Saraswatibai Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This appeal is filed by the two accused persons against the final judgment and order dated 14.02.2007 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 419 of 1992 whereby the High Court partly allowed the appeal and while upholding the judgment dated 02.04.1992 passed by the First Additional Sessions Judge, Chhindwara in Sessions Trial No.3/91 convicting the appellants-accused under Sections 306 and 498A of the Indian Penal Code, 1908 (hereinafter referred to as "IPC") reduced the period of their sentence awarded under Section 306 IPC from Seven years to five years and a fine of Rs. 1000/- each, in default of payment of fine, to further undergo RI for three months and under Section 498A, from three years to two years. Both the sentences to run concurrently.

(2.) Brief facts:

(3.) On 21.11.1989, a Marg Report was recorded at Chandameta Police Station that Rekhabai was brought dead in W.C.L. Hospital Bandkuhee by Gajanand. After preparing the inquest panchanama(Ex.P/8), the dead body was sent for post mortem. Dr. R.K. Basor(PW-8) performed the post mortem and submitted the report (Ex.P/10). According to PW-8, the death of Rekhabai was quite unnatural. Thereafter the viscera collected from the dead body was sent to Forensic Science Laboratory for Chemical examination.