HAMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed this criminal appeal being aggrieved by the judgment dated 31/1/2009 passed by learned Additional Sessions Judge, Sendhwa, district Badwani in Sessions Trial No. 09/2008 whereby they have been convicted for the offence punishable under sections 302/34 and 498A IPC and sentenced to undergo life imprisonment with fine of Rs. 1000-1000.00, in default of payment of fine, further RI for one month; and RI for one year with fine of Rs. 500-500.00, in default of payment of fine, further RI for 15 days respectively.

(2.) Facts of the case in short are as under:

(3.) After completing the investigation, police filed the charge sheet on 16.12.2007 and vide order dated 02.01.2008 the trial was committed to the Sessions Court. Learned A.S.J., Sendhwa framed the charges under sections 302/34 and 498A/34 of the IPC against both the accused. However, they denied the charges and pleaded for trial. In the trial, the prosecution has examined 13 witnesses and exhibited 20 documents whereas the accused/appellants did not examine any witness in defence. After evaluating the evidence that came on record, learned Additional Session Judge has convicted and sentenced the appellants as stated above, hence the present appeal before this Court.