SMT KEJABAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30.1.2003 passed by the Additional Sessions Judge, Raipur in Sessions Trial No. 386/2000 convicting the accused/appellants under Sections 498-A and 304-B IPC and sentencing each of them to undergo rigorous imprisonment for two years with fine of Rs. 1,000 u/s 498-A and rigorous imprisonment for ten years with fine of Rs. 5000 u/s 304-B IPC, plus default stipulations.

(2.) CASE of the prosecution in brief is that on 14.10.1999 at about 9.30 p.m. deceased Nandini ended her life by consuming some poisonous substance in her matrimonial house. Merg intimation Ex. P-7 was given by Shyam Lal Pathak (PW-7) - the ward boy of Mekahara hospital, Raipur on that day itself on the basis of which FIR Ex. P-8 was registered on 2.11.1999 under sections 498-A and 306 IPC. After completion of investigation challan was filed on 23.2.2000 under Sections 498-A and 306 IPC. However, the charge was framed by the trial Court under Sections 498-A, 306 and 304-B IPC.

(3.) HEARD counsel for the parties and perused the material available on record including the judgment impugned.