MUNNALAL, RAJKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) BOTH appellants have been convicted under Sections 306 and 498 -A, I.P.C. and sentenced to undergo R.I. for six years and three years respectively by the judgment and finding dated 8.9.1986 passed by First Additional Sessions Judge, Jabalpur in S.T. No. 271/85. Being aggrieved by their convictions and sentences they have filed this appeal.

(2.) ACCUSED No. 2 Draupadi Bai is the mother of accused No. 1 Munnalal. Four or five years before Munnalal was married with Tulsabai. There was issue out of the wedlock of Tulsabai and her husband Murnalal.

(3.) THE prosecution alleges that on 14.7.1985 at about 2 O'clock during the day, Tulsabai burnt herself by pouring kerosene oil and committed suicide. The Appellant No. 1(Sic) lodged a report in the Police Station on the same day which is recorded in Roznamcha Sanha. The report is Ex. P.3. The Police reached on the spot and made usual investigation. Dead body of Tulsabai was sent for post -mortem. Post -mortem report is Ex.P.I. It was on 17.9.1985 that the offences under Sections 306 and 498 -A, I.P.C., were registered. F.I.R.(Ex. P.10) was recorded by Sub -Inspector R.K. Dubey. During investigation, R.K.Dubey (P.W.3) found that Tulsabai committed suicide and that during investigation he is of the opinion that her husband Munnalal, appellant No. 1 and her mother -in -law Draupadi Bai, appellant No. 2 were harassing her as a result thereof she committed the suicide. Challan was filed and the charges were framed against the accused -appellants. Appellants abjured their guilt and contended that they were falsely implicated. It was also contended that deceased was suffering from stomach trouble.