SURENDRA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 05-1-1999 passed by the Additional Sessions Judge, Surajpur, the then District Surguja, M.P.(now C.G.) in Sessions Trial No.310/97 whereby and whereunder the learned Additional Sessions Judge after holding the appellants guilty for subjecting Anjulata, wife of appellant Surendra (A-1) and daughter-in-law of appellant Shantibai (A-2), to cruelty, convicted them under Section 498A of the Indian Penal Code (in short ' the IPC) and sentenced each of the appellants to undergo rigorous imprisonment for 3 years and to pay fine of Rs.500/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months. The learned trial Judge acquitted the appellants from the charges under Section 304B of the IPC and also acquitted co-accused Yadu-nandan, father of appellant Surendra (A-1), from the charges under Sections 304B and 498A of the IPC. Against such acquittal no criminal appeal is reported to be filed by the State.

(2.) Conviction is impugned on the ground that without there being any iota of evidence, court below has convicted and sentenced the appellants as aforesaid mentioned and thereby committed illegality.

(3.) As per case of the prosecution, on 01-5-1997, Ramprasad Jaiswal reached to Outpost Karji, Police Station Jaynagar, District Surguja and lodged the merg intimation regarding death of daughter-in-law of his brother Yadunandan and stated therein that on account of pain in the abdomen Anjulata was having problem, she was being treated at Ambikapur, but had not become well. On the same day, deceased Anjulata alias Anju, her father-in-law Yadunandan and his wife and other children were in their home; at about 9.30 morning, Anjulata hanged herself in a room near to her room with a rope connected with a wooden girder of the roof. The hanging rope was cut by her father-in-law Yadunandan with a hope that she may regain life but deceased Anjulata not regained life. On account of death of Anjulata, the merg was written at the outpost, same was numbered at Police Station Jaynagar as Ex.-P/6. Police reached to the spot and after giving inquest notice (Ex.-P/7) to the witnesses, inquest (Ex.-P/1) was prepared vide Ex.-P/1 and the dead body of deceased Anjulata was sent for post-mortem. Doctor Kamlesh Kumar Tamrakar (PW-7) conducted the autopsy and noticed following injuries/symptoms:-