ANWARI BI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence recorded against the appellant u/Section 498-A. IPC to a term of 18 months R.I. and a fine of Rs. 1,000/- by Shri R.K. Jam the them First Additional Sessions Judge. Vidisha, on 31-7-1992.

(2.) The facts leading to the prosecution of the appellant lie in narrow compass. It is admitted that accused Smt. Anwari Bi is the mother-in-law of the deceased Mehmuna Bi. It is claimed by the prosecution that the marriage of deceased had taken place according to the custom of the family with Sharifkhan who was working as driver about 8 months prior to the occurrence. She was being kept by her-in-laws properly but her mother-in-law and sister-in-law namely Mst. Anwari Bi and sister-in-law used to harass her and treated her with cruelty on account of lesser dowry. On 23-2- 1990 she consumed poison. It is claimed that the accused as well as her daughter i.e., sister-in-law drove her to commit suicide. She was taken to hospital where she died. The investigation is alleged to have been conducted by Shri Vara the then SDO (P) and thereafter PW 10 R.K. Gurjar. who was SOO (P) on 20-2-1991. He recorded statements of witnesses Mahila Juweda Bi, Babukhan, Tajmohammad. Shaminavi, Sagira Bi, Babli alias Fatima, Sharifkhan and Pratapsingh. He took investigation after it was left by previous 1.0. Shri Vara and submitted charge-sheet. The accused was charged u/Section 306, IPC as well as u/Section 498-A, IPC. The accused denied the charge and claimed that she kept Mahmuna Bi as her own daughter. She herself used to cook food and she used to graze cattles and returned in the evening. She was falsely implicated. The prosecution examined 10 witnesses and relief upon documents Exs. P1 to P5 in support of its case. The accused also filed documents Ext. Dl to D6 inT her defence and has also examined DW 1 Sharif Khan husband of the deceased.

(3.) The learned Trial Court after hearing parties and considering the material on record exonerated of the charge u/Section 306. IPC but held her guilty of the offence u/Section 498-A. IPC and sentenced her as aforesaid. Hence this appeal.