CHINGABEG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 15. 12. 1994 passed by 1st Additional Sessions Judge of Gwalior convicting all the appellants Under Section 498a, IPC and sentencing each of them to undergo two years RI and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo one month's S. I. Appellant Kasim Beg has also been convicted Under Section 364, IPC and has been sentenced to five years RI and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo three months' S. I.

(2.) FACTS of the case are that Smt. Guddi was the legally wedded wife of appellant Kasim Beg. She was living with him. She was married with the appellant Kasim Beg sometime in the year 1983. A son was born from their wedlock. The son was living with the appellant Kasim beg. According to the prosecution version, Smt. Guddi was not being properly treated by the appellants in their family. She was being tortured off and on and she had to run to her parents' house for shelter and maintenance.

(3.) ON 23. 11. 1991 it is alleged that Smt. Guddi was turned out from the house by Kasim Beg. Thereafter, whereabouts of Smt. Guddi were not known. A report was lodged on 23. 11. 1991 by the brother of Smt. Guddi, PW 1 Aizaz Beg that his sister Smt. Guddi has been abducted with a view to commit her murder. It was further alleged that all the appellants were torturing Smt. Guddi before that, and they were demanding dowry like TV, Fridge etc. The matter was investigated and the appellants were charged Under Section 498-A, IPC. Appellant Kasim Beg was also charged Under Section 364, IPC.