NARENDRA KUMAR JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE learned VII Additional Sessions Judge (F.T.C.) Gohad, District Bhind in Sessions Trial No. 147/2006 pronouncing the judgment on 31st July, 2007 held the non -applicant No. 2 Kamal Kumar Jain and non -applicant No. 3 Neeraj Kumar Jain guilty for the offences under Sections 304B & 498A of IPC, however, did not sentence them under Section 498A of IPC following the law laid down in Shanti & Ano. v. State of Haryana, : (1991) 1 SCC 371 and sentenced the accused/non -applicants No. 2 & 3, rigorous imprisonment for a period of 10 years each under Section 304B of IPC.

(2.) THE petitioner has filed this criminal revision under Section 397 read with Section 401 of Cr.P.C. for enhancing the sentence.

(3.) BRIEF facts just necessary for disposal of this revision is that Monika Jain wife of non -applicant No. 3, Neeraj was brought to the hospital Bhind on 28.07.2005 by her husband. She was brought dead. The cause of death was hanging. Dr. J.S. Yadav of District Hospital, Bhind sent a letter to the Police Station City Kotwali, Bhind. On the basis of which, merg No. 29/2005 was registered.