SWATI JHA Vs. STATE OF MP

JUDGEMENT

(1.) The present appeal under section 374 (2) of the Code of Criminal Procedure has been preferred by the appellants against the judgment of conviction and sentence dated 12.2.2002 passed by the learned Sessions Judge, Balaghat in Sessions Trial No.54/2000 wherein the appellants have been convicted under section 306 of the IPC and sentenced to three year's R.I. and fine of Rs. 500/- , in default of fine, further R.I. for two months.

(2.) The trial Court has recorded the conviction of the appellants on the basis of statements ofPW-12 andPW-13. PW-12, Madan Singh, is the Principal of the School where the deceased was working as Assistant Professor and P W-13 Kaushal Kishore was also working as Assistant Professor. The trial Court has also taken into account the letters written by the deceased which are proved on record as Ex.P-7, P-8 and P-9. In Ex.P-7 no date has been mentioned and in Ex.P-9 which is said to be the Will of the deceased, the date is mentioned as 25.8.1999. Ex.P-8 is the receipt with regard to an incident that had taken place on 28.7.1999.

(3.) The prosecution story, in short, is that deceased, Vimal Kumar Jha, committed suicide on 26.8.1999. The appellant No.l being the wife of the deceased used to beat and ill-treat the deceased and similarly appellant No.2 who is the father in-law of the deceased and father of appellant No. 1 also used to practice harassment. It was also the allegation that the accused persons used to abuse the deceased. The trial Court on the basis of notes such as Ex.P-7, P- 8 and P-9 came to the conclusion that the appellants used to harass and practice cruelty on the deceased, therefore, the deceased had committed suicide.