KAMRUNISA Vs. STATE OF M.P.

JUDGEMENT

(1.) The present appeal is arising out of the judgment of conviction dated 23/3/2000 passed in Session Trial no. 464/1994. During the pendency of the present appeal, the sole appellant Iqbal expired and his widow Kamrunisa wd/o Iqbal, has been brought on record. She is challenging the conviction.

(2.) Facts of the case reveal that marriage of deceased Iqbal took place with Saida d/o Abdul, 10 years prior to the incdent. That on 15/3/1994 co-accused Munna @ Rashid was showing some obscene photos to the deceased Saida and her husband Iqbal, at the relevant point of time, came on the spot i.e, the house of the accused. Heated arguments took place between them and as his wife was in the company of co-accused Rashid and she was seeing obscene photographs which were being shown by Rashid, the husband told the wife that he shall be divorcing her.

(3.) Facts of the case further reveal that only because of the aforesaid incident, the wife herself has poured the kerosene upon her and ultimately expired on 15/5/1994. A crime was registered at Crime No. 316/1994 and thereafer Iqbal has been convicted for offence u/S. 306 read with Section 498-A of the Indian Penal Code and sentenced to undergo 5 years Rigorous Imprisonment with fine Rs. 2000/- for offence u/S 306: one year RI for offence u/S 498A, with a default clause to undergo one year further RI in case of non-payment of fine amount.