OMKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred this appeal being aggrieved by the impugned judgment dated 28.8.1999 passed by the Seventh Additional Sessions Judge, Jabalpur in S.T. No.474/1998 whereby the appellants have been convicted for the offences punishable under Sections 306 and 498-A of IPC but sentenced only under Section 306 of the IPC to undergo RI for 5 years each with fine of Rs.1000/- each with default sentence as stipulated in the judgment.

(2.) In brief, the relevant facts of the case are that the marriage of the deceased Rupa Bai @ Mamta Bai was solemnized with appellant no. 1 on 18.5.1994 and appellant no. 2 is mother in-law of the deceased. The deceased died on 22.7.1997 on account of burn injuries in the matrimonial home, on account of which, at police Station Patan, District Jabalpur merg no. 26/97 was registered and during the merg enquiry it was revealed that the deceased was subjected to cruelty soon before her death by the appellants and crime no.238/98 under Sections 304-B and 498-A/34 of the IPC was registered. After inquiry, charge sheet was filed before the JMFC, Jabalpur and the case was committed to the Sessions Court. During the trial against the appellants charges under Section 304-B in alternative section 306 of the IPC and under Section 498-A of the IPC were framed. The appellants/accused abjured their guilt and claimed to be tried. Their defence is that they are innocent.

(3.) The learned trial court after completion of the trial came to the conclusion that the prosecution has failed to prove that the deceased was subjected to cruelty in connection with demand of dowry soon before her death. Accordingly, learned trial court acquitted the appellants of the charge under Section 304-B of the IPC but convicted under Sections 306 and 498-A of the IPC and considering the offence under Section 498-A of the IPC lesser offence of the offence under Section 306 of the IPC, only sentenced under Section 306 of the IPC as mentioned earlier.