LALITA Vs. STATE

JUDGEMENT

(1.) By this appeal filed under section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C.'), the appellant seeks to challenge the impugned judgment dated 11th December 2000 and order on sentence dated 12th December 2000 passed by the Ld. ASJ whereby the Appellant Lalita is convicted for committing an offence punishable under Section 302 and 498A of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and was sentenced to undergo imprisonment for life, together with payment of fine of Rs.500/- for the offence punishable under Section 302 IPC is concerned and for the offence punishable under Section 498A IPC, the appellant was sentenced to undergo Rigorous Imprisonment for a period of one year with fine of Rs.500/- in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) The facts germane to the case of the prosecution are that

(3.) To prove its case the prosecution examined as many as 20 witnesses. After the completion of prosecution evidence, statement of the accused persons were recorded under Section 313 Cr.P.C. wherein the entire incriminating evidence was put to them and in reply they pleaded innocence and false implication at the instance of parents of the deceased. Initially a charge under Section 498A IPC was framed against Om Prakash (husband of deceased), Shanti Devi (mother-in-law of the deceased) and Lalita (Sister in law of the deceased) while the charge under Section 302 IPC was framed only against Shanti Devi and Lalita. Om Prakash and Shanti Devi had died during the pendency of the trial and it was only appellant Lalita who had faced the trial and was ultimately convicted for both the said offences.