LAWS(MPH)-2009-1-124

MEERA BAI Vs. STATE OF M. P.

Decided On January 17, 2009
MEERA BAI Appellant
V/S
STATE OF M. P. Respondents

JUDGEMENT

(1.) THIS appeal was filed by Vyankati and his wife Meera Bai but appellant No. 1 Vyankati has died during the pendency of this appeal hence appeal against him has been abated.

(2.) THIS criminal appeal under section 374 (2) of the Code of Criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 27.10.1994 passed by III Additional Sessions Judge, Chhindwara in ST No. 116/1991, whereby the appellant has been convicted under section 306/34 of IPC and I sentenced to RI for 4 years with fine of Rs. 500/-, in default of payment 1 of fine RI for 3 months and also convicted under section 498A of IPC and sentenced to RI for 1 year with fine of Rs. 250/-, in default of payment of fine RI for 1 month with the direction to run the sentences concurrently.

(3.) THE appellant was charged under section 306 and 498A read with section 34 of IPC. She denied the guilt and claimed to be tried mainly contending that she is innocent. Prosecution examined as many as 8 witnesses whereas the appellant also examined 2 witnesses in her defence. After appreciating the evidence trial Court found appellant guilty under section 306 and 498-A r/w section 34 of IPC and sentenced thereto as stated hereinabove in para No. 2 of this judgment. Being aggrieved by the impugned judgment of conviction the instant appeal has been preferred by the appellant on the grounds mentioned therein.