LALLU Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS criminal appeal has been filed by the accused -appellants against the judgment and order passed by Additional Sessions Judge, Murwara (Katni) in Sessions Trial No. 162 of 1987 whereby the accused -appellants have been convicted for offence punishable under section 498A IPC.

(2.) THE prosecution case in brief was that the deceased Munnibai was married to accused -appellant No. 1 Lallu. Accused -appellant No. 2 Sanpathiya Bai was the mother -in -law of the deceased Munnibai. Both of the accused subjected the deceased Munnibai to such cruelty which was likely to drive Munnibai to commit suicide. On 5.4.1967 at village Khamariya, District Jabalpur, deceased Munnibai left the house of her in -law after precuring kerosene and thereafter at nearby Nala committed suicide by pouring kerosene on her cloth. When she was not found in the house, accused -appellant No. 1 Lallu made search and in that connection he also went to his in -laws house in village Dhanedi. Later on the dead body of Munnibai was found in the Nala. After completion of the investigation a challan for offence under section 306 and 498A of IPC was presented against the accused.

(3.) THE learned Counsel for the appellant -accused contended that the trial Court has erred in holding that the offence under section 498A of IPC has been established against both the appellants -accused. He further contended that there is no legal evidence to sustain the conviction under that section. As against that, learned Panel Lawyer appearing for the respondent -State urged that the prosecution has successfully brought home the guilt and therefore, there is no sufficient ground to interfere with the impugned judgment.