LAWS(MPH)-2020-4-18

ASHA GAUTAM Vs. STATE OF MADHYA PRADESH

Decided On April 24, 2020
Asha Gautam Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) On account of the prevailing conditions worldwide, brought about by the COVID 19 virus, this application has been heard and decided through video conferencing, to maintain social distancing. The necessary parties have effectively been represented by their respective counsels through video conferencing.

(2.) The appeal has been filed by the Appellant aggrieved by the order dated 18/02/2020, passed by the court of the Ld. VI Additional Sessions Judge, Reva, in Sessions Trial No. 600206/2006, whereby the Appellant was convicted for an offence under section 304B read with section 34 IPC and sentenced to suffer seven years rigorous imprisonment. The Appellant was also convicted for an offence under section 498A IPC and sentenced to suffer three years rigorous imprisonment and fine of ? 5000.

(3.) Heard on I.A No. 3969/2020 for suspension of sentence. The learned counsel for the Appellant has submitted that the Appellant has wrongly been convicted, without there being any legal evidence, which could prove the charge against her beyond reasonable doubt. According to the case of the prosecution, Kshama Devi, the daughter-in-law of the Appellant committed suicide by consuming poison in her matrimonial home. The husband of the deceased has absconded and did not stand trial. The Appellant herself is stated to have been absconding for a while before she stood trial. The case against the Appellant is that she heaped indignities on the deceased and persistently harassed the deceased for not bringing a motorcycle in dowry, due to which the deceased committed suicide.