LAXMI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred by the appellants being aggrieved by the judgment dated 23/2/2012 passed by the 9 th Additional Sessions Judge, Bhopal in ST No.172/2011 by which the appellants were convicted for commission of offence punishable under Section 498-A of IPC and sentenced to rigorous imprisonment for one year with fine of Rs.500/-. In default of payment of fine amount, an additional RI for three months was directed.

(2.) Prosecution case, in short, is that in the year 2007 deceased Uma who was resident of Village Harrakheda, M.P. was married with the appellant Surendra Kumar. She remained with Surendra Kumar for sometime at Delhi. Thereafter it is alleged that she was thrown out from the house and she was residing in Village Harrakheda for one and half years prior to her death. In August, 2010 she shifted to the house of her sister Nirmala, who was residing at Panwati Colony, Nishatpura, Bhopal. On 10.9.2010 at about 12 to 4 PM deceased Uma committed suicide and therefore a case was registered for commission of offence punishable under Section 302 or 304-B of IPC along with offence under Section 498-A of IPC.

(3.) The appellants-accused abjured their guilt. A plea was taken by the appellants that the deceased was residing with her sister and there was no case of recent harassment to her from the side of the appellants. She was adamant with her husband to reside with her at Bhopal in a separate house, and therefore appellants were not responsible for her death. However, no defence evidence was adduced by the appellants.