SHANTI BAI Vs. STATE OF M P

JUDGEMENT

(1.) ADDITIONAL Sessions Judge, Dindori in Sessions Trial No. 22/90 vide impugned judgment dated 20-8-90 recording conviction of appellant under Section 306, IPC sentenced her to undergo R. I. for a period of 3 years. Being aggrieved, appellant has preferred this appeal under Section 374 (2), Cr. PC.

(2.) DECEASED Jaiwati was daughter-in-law of appellant. She was living in the joint family consisting of her husband Samal Singh and others. Father-in-law Fagu Lal on 3-11-89 vide (Ex. P-6), reported to the police that sustaining burn injuries, Jaiwati has died. On the basis of this report, inquest Panchnama (Ex. P-8) was prepared and the dead body was sent for the post-mortem. Dr. V. S. Tekam (P. W. 7) performing the post-mortem submitted report (Ex. P-5) to the effect that Jaiwati died on ante-mortem burns. During the investigation of merg under Section 174 of the Cr. PC on the basis of statements of witnesses, the Investigating Officer held that the deceased was subjected to torture by the appellant. As such, she committed suicide. Crime No. 148/89 under Section 306, IPC vide report (Ex. P-7) was registered. Completing the investigation, the appellant was charge-sheeted. Appellant abjured the guilt. However, the Court below held that on account of bad behaviour of appellant/mother in law, Jaiwati committed suicide. As such, recording conviction under Section 306, IPC she has been sentenced to undergo R. I. for the period said above.

(3.) ADMITTEDLY, merg intimation (Ex. P-6) was recorded by the police at the instance of Fagu, husband of appellant. Inquest Panchnama (Ex. P-8) was prepared and the dead body was sent for the post-mortem. Dr. V. S. Tekam (P. W. 7) conducted the post-mortem. This witness has stated that the ante mortem burns were found on the body of the deceased. She died of aforesaid burns, as such report (Ex. P- 5) was recorded. On the basis, the Court below held that Jaiwati, daughter-in-law of appellant on 2-11-89 in the evening committed suicide.