SATYABHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants-Satyabhan Singh and Smt. Sushila Singh were convicted in Sessions Trial No. 78/88, by. the End Additional Sessions Judge, Rewa, vide judgment and order dated 30. 6. 1989, whereby they were convicted for commission of offence punishable under Section 498-A of the Indian Penal Code and the appellant No. 1-Satyabhan Singh was sentenced to two years' rigorous imprisonment together with fine of Rs. 500/-, and in default of payment of fine, he was required to undergo six months' rigorous imprisonment and the appellant No. 2-Smt. Sushila Singh was sentenced to undergo one year rigorous imprisonment together with a fine of Rs. 1,000/-, and in default of payment of fine, she was required to undergo rigorous imprisonment for six months. Aggrieved from their conviction and sentence, the appellants preferred appeal before this Court which has come up for final hearing.

(2.) BOTH the appellants were charged that the accused Satyabhan Singh being the husband of the deceased and the accused Smt. Sushila Singh being the Jethani (wife of elder brother of Satyabhan Singh) subjected the deceased Mamta to cruelty driving her to commit suicide, committed offence punishable under Section 498-A, I. P. C. and also instigated deceased Mamta to commit suicide as a result of which she consumed poison and died, committed offence punishable under Section 306, I. P. C. The Trial Court acquitted the appellants of the offence punishable under Section 306,1. P. C. and convicted them for the commission of offence punishable under Section 498-A, I. P. C.

(3.) THE factum of marriage of Smt. Mamta with the appellant No. 1-Satyabhan Singh is not in dispute. She was a legally wedded wife of appellant No. 1. The appellant No. 2 Smt. Sushila Singh is the wife of the brother of Satyabhan Singh. Shri Satya Pratap Singh and all these persons were living together in the same house. On 27. 6. 1987, Mamta wife of Satyabhan Singh committed suicide consuming sulphas tablets. It is also not in dispute that the parental home of the deceased Mamta was in village Nayagaon, Police Station Mangaon, District Rewa. Smt. Phoolmati is the mother of the deceased Mamta and Manbharan Singh is the brother of the deceased. The marriage of the deceased took place within a period of seven years from the date of the incident. The father of the appellant No. 1 Rajivlochan Singh was also living with them.