SARALA VASUDEVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant feeling aggrieved by the judgment and order of conviction dated 27.5.1997 passed by First Additional Sessions Judge, Mudawara, Katni in Sessions Trial No. 87/1988 by which appellant has been convicted for the offence punishable under Sections 498-A of IPC and has sentenced to rigorous imprisonment for 3 years with fine of Rs. 500/-. In default of payment of fine amount appellant further suffer two months rigorous imprisonment.

(2.) It is admitted fact that appellant is the mother-inlaw of deceased Sapna, whose marriage was performed with the son of the appellant namely Suhash Vashudeva, who was also tried with the appellant in the aforesaid Sessions Trial, but he was acquitted from the charges of under Section 304-B with the appellant and also charges framed against the appellant for the offence under Section 498-A of IPC, by the alleged judgment and order of conviction dated 27.5.1997.

(3.) In brief, the case of prosecution against the appellant, deceased Sapna was married with Suhash Vasudeva, who is son of the appellant. On 20.05.1986 at Katni Sapna has died due to the burn injury and her dying declaration was recorded by Asstt. Surgeon Dr. T.N. Khare (P.W.-2) in which she has stated that she was burnt due to the accidental and her clothes caught fire at the time of cooking. Thereafter she was shifted to Jabalpur Medical College, she has been treated and she succumbed to her injury on 28.5.1986. Later on father of the deceased Sapra has filed written complaint with the police station, the death of his daughter was not accidental but her death of unnatural and harass her. She was continuously treated with cruelty of both mentally and physically and demand of dowry was made from her. Demand of dowry was not fulfill so, she died unnatural death.