GULE BEGUM Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal being aggrieved by the judgment dated 18.3.1992 passed by IIIrd Additional Sessions Judge, Chhindwara in Sessions Trial No. 77/90 convicting her under Section 387 of IPC with the direction to undergo for two years R.I. with fine of Rs. 200, in default of it for further one month S.I. was awarded.

(2.) The facts giving rise to this appeal in short are that on dated 7.7.1989 the Police Chandameta received an information from WCL Hospital, ward Badkuhi regarding unnatural death of Lili, wife of Devesh Chakrawarti on which an inquest report was registered. During its enquiry an offence under 306 of IPC was registered against the appellant. As per averments of the FIR the deceased was subjected to harassment by the appellant blaming against her character and conduct on which some altercation was happened in between them on some occasions, by which the deceased was instigated and abetted for committing suicide, on which by pouring the kerosene setting fire on herself. After sustaining the burn injuries she was taken to aforesaid hospital where during treatment she succumbed to injuries on the same day at about 9.20 p.m. During investigation the appellant was arrested. The witnesses were interrogated. After holding investigation the appellant was charge sheeted for the aforesaid offence.

(3.) The case was committed to the Sessions Court where charge for the aforesaid offence was framed against the appellant. She abjured the same, on which the trial was held. After recording evidence, on appreciation of the same by acquitting to the appellant from the aforesaid charge she was held guilty for the offence under Section 387 of IPC and awarded punishment as mentioned above. The same is under challenge in this appeal.