(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure has been filed being aggrieved by the judgment, finding and sentence dated 10.01.1994 passed by Sessions Judge, Damoh in Sessions Trial No.130/92, whereby the appellant No.1 Lalpuri Goswami has been convicted under Section 304-B, I.P.C. and sentenced to R.I. for 10 years and appellant No.2 Nanhepuri Goswami has been convicted under Section 498 A I.P.C. and sentenced to R.I. for one year with fine of Rs.5,000/-, in default of payment of fine S.I. for three months.
(2.) Prosecution case in short is that appellant Lalpuri Goswami informed Police Nohta that he is Nandirakshak in the office of Artificial Insemination in Sub Center, Mausipura and resides in the same village in rented house with his wife Malti Bai Goswami. On 21.02.1992 he had gone to do his duty. At about 6.00 PM when he returned therefrom he found that the door of his house was bolted from inside. He saw from window that his wife had died by hanging. His wife was suffering from abdominal pain and the possibility is that she might have committed suicide for the same reason. On this information marg intimation No.4/92 was registered at police station Nohta and the inquiry was made.
(3.) Accused persons were charged under Section 304-B of I.P.C. They denied the guilt and claimed to be tried mainly contending that they have been falsely implicated. Prosecution examined as many as 10 witnesses and appellants also examined one witness. After appreciating the evidence, trial Court found Lalpuri Goswami appellant No.1 guilty under Section 304 B of I.P.C. and appellant No.2 Nanhepuri Goswami under Section 498-A of I.P.C. and sentenced thereto as stated hereinabove in para No.1 of the judgment. Being aggrieved by the judgment, finding and sentence passed by trial Court the instant appeal has been preferred on the grounds mentioned in the memo of appeal.