MUMTAZ Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.11.95 passed by the. Fifth Additional Sessions Judge, Durg, in Session Trial No. 437/93 convicting the accused/appellants under Sections 306 & 498A IPC and sentencing them to undergo rigorous imprisonment for seven years and pay fine of Rs.500, in default of payment of fine to further undergo simple imprisonment for two months and to undergo rigorous imprisonment for two yeas and pay fine of Rs. 500, in default of payment of fine to further undergo simple imprisonment for two months respectively.

(2.) Case of the prosecution in brief is that on 6.6.93, Akhtar Bano (since deceased) wife, of appellant No. 1 committed suicide by consuming some poisonous substance. FIR Ex. P5 was lodged by Munnawar Ali (PW6) father of the deceased, on 13.6.93 at outpost Khursipar under Section 306/34 IPC and on the same day itself it was transferred to police station Chhawni and Crime No. 319/93 was registered against the accused/appellants under Section 306/34 IPC. From the record it appears that on 21.6.93 a written report Ex.P8 was lodged by Munnawar Ali (PW6) father of the deceased before the S. P. Durg for the offence under Section 304B IPC as well. After investigation, challan was filed on 14.7.93 under Section 304B/34 IPC. However, while framing the charge, learned trial Judge has framed the charge under Sections 304B & 498A IPC.

(3.) So as to hold the accused/appellants guilty, the prosecution has examined 9 witnesses. Statement of the accused/appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the charges levelled against them and pleaded their innocence and false implication in the case. This apart one defence witness has also been examined.