RAFIQ Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall decide aforesaid both the Criminal appeals bearing No.643/1998 (Rafiq S/o Subrati Vs. The State of Madhya Pradesh) and No.03/1999 (Smt. Kallo Bai Wd/o Subrati Vs. The State of Madhya Pradesh), arising out of the impugned judgment.

(2.) Appellants have filed this appeal under Section 374 of Cr. P. C. being aggrieved by the judgment dated 8.12.1998 passed by 1st Additional Sessions Judge, Gwalior in S.T. No.207/1988 whereby the appellant of Cr. A. No.643/98 has been convicted and sentenced under Section 498-A of IPC for RI two years with fine of Rs.200/- while the appellant of Cr. A. No.03/99 has been convicted and sentenced under Section 302 and 498-A of IPC for life imprisonment with fine of Rs.200/- in earlier section and RI two years with fine of Rs.200/- in later.

(3.) The facts giving rise to these appeals in short are that, the deceased Manno Bai was married with appellant Rafiq on 22.2.1987. Subsequent to marriage she was residing in her matrimonial home along with the appellant Rafiq and his mother Kallo Bai. The father of the deceased Anwar (PW2) had given all necessary things in the dowry but a Television set was not given. So subsequent to marriage the deceased was asked by the appellants that her parents have given lessor dowry and Television was not given. Due to that the deceased was subjected to harassment in the matrimonial home.