SHOBIT RAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 1-3-1997 passed by the Additional Sessions Judge, Baloda Bazar, District Raipur in S.T. No.91/90 whereby learned Additional Sessions Judge convicted the appellants under Sections 498A and 306/34 of the IPC and sentenced each of them to undergo R.I. for 3 years & to pay a fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 6 months and to undergo R.I. for 10 years & to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for 6 months respectively.

(2.) Briefly stated facts of the case are that accused/appellant No. 1 Shobit Ram is the husband of deceased Tijan Bai whereas accused/appellant No.2 Devsir Bai is the mother of accused/appellant No. 1 i.e. mother-in-law of the deceased. The marriage of accused/appellant No.1 was solemnized with deceased Tijan Bai 2 years prior to the date of the incident i.e. 24-4-1989. On 24-4-1989 at about 10-11 pm the deceased died in suspicious circumstances. On 25-4-1989, merg intimation (Ex.-P/1) was given by Bhav Singh (PW-2), father of the deceased, alleging therein that the deceased has died after consuming some poisonous substance. Based on this merg intimation, on 25-4-1989 itself, FIR (Ex.-P/1) was registered against the accused/ appellants under Section 306/34 of the IPC.

(3.) After investigation on 12-6-1989 challan was filed by the police under Section 306/34 of the IPC, however, while framing charges, learned trial Court has framed charges under Sections 306 and 498A of the IPC.