SITA BAI Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal has been filed under Section 374 of the Cr.P.C. being aggrieved by the judgment dated 07.12.2000 passed by Additional Session Judge, Jhabua in S.T. No.353/1999, whereby the appellants Sita Bai and Mangilal were convicted for offence punishable u/S.498 -A of the IPC and sentenced them to 3 years rigorous imprisonment with fine of 2000/ - each in case of default of payment of fine they were to undergo additional six months imprisonment.

(2.) BRIEF facts necessary for elucidation are that Ramkanyabai has committed suicide with her two children Mahendra and Manish. The allegations against the appellants are that they have demanded the money from the deceased and tortured her. Due to this she had committed suicide with her children. The offence was registered under Section 498 -A of the IPC at Crime No.590/1999 at police station Thandla, Distt. Jhabua. Upon the complaint of the complainant case was registered against the appellants. After framing of charge and recording of evidence, appellants were convicted as stated above, hence the presentappeal.

(3.) LEARNED Counsel for the appellants have urged that the conviction is contrary to the principles of law. The Court below has failed to appreciate the evidence and there are material omissions and contradictions in the testimony of the prosecution witnesses. Counsel submitted that the appellants have been acquitted for offence under Section 306 -A of the IPC, which is mentioned in the paragraph No.48 of the judgment. Counsel further submitted that the husband of deceased has also expired in the accident and the present appellants are the parents -in -laws of the deceased and they are very old persons. However, the prosecution has been unable to prove the offence under Section 498 -A of the IPC. Counsel also stated that the appellants have almost undergone custodial sentence 15 days days.