UMEDABAI Vs. STATE OF MP (NOW CG)

JUDGEMENT

(1.) Appellant has questioned the legality and sustainability of impugned judgment of conviction dtd. 29/3/2000, passed by the Second Additional Sessions Judge, Bilaspur in Sessions Case-421 of 1999, whereby learned Court below convicted the appellant for commission of offence punishable under Sec. 498A of IPC and sentenced for six months RI and fine of Rs.200.00, in default, seven days additional RI; and under Sec. Sec. 304B IPC, seven years RI and fine of Rs.1,000.00, in default, two months additional RI and ordered to run both sentences concurrently.

(2.) Facts relevant for disposal of this appeal are that Jyoti (since deceased) got married with Narendra Singh in the year 1998. On 4/3/1999, she consumed some poisonous substance, and was taken to District Hospital, Bilaspur. During the course of treatment, she died on 5/3/1999. Merg was reported to concerned Police Station. After merg enquiry, FIR was registered on 14/3/1999 against three persons ie Narendra Singh (husband), Smt Umenda Bai (mother-in-law), and Ram Tapeshwar Giri (father-in-law). After conclusion of investigation, Police filed charge-sheet against aforementioned three accused persons for commission of offence under Sec. 304-B r/w 34 of IPC.

(3.) Learned trial Court considering material available in the charge-sheet, framed charges under Sec. 498A and 304-B of the IPC against all accused persons. Charges levelled against accused persons were denied by them and they were put to trial. During trial, prosecution examined as many as 18 witnesses and exhibited 16 documents to bring home the guilt. After conclusion of trial, learned trial Court acquitted two accused persons, namely, Narendra Kumar Singh (husband of deceased) and Ram Tapeshwar (father-inlaw of deceased) from the charges levelled against them under Ss. 498A and 304-B of the IPC and convicted appellant/mother-in-law of deceased and punished her for the offences as mentioned in the preceding paragraphs.