MAYA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Additional District & Sessions Judge (Fast Tack), Baran, vide its judgment and order dated 6-8-2002, in Sessions Case No. 125/2001, while acquitting the accused Bhupenpal S/o Gorpal, convicted and sentenced the accused- appellant Mayadevi W/o Gorpal, as under:- Under Section Sentence 304b, IPc To undergo 10 years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine, to further undergo three months additional rigorous imprisonment 498a, IPc To undergo one year's simple imprisonment and a fine of Rs. 500/-; in default of payment of fine, to further undergo one month's additional simple imprisonment

(2.) BOTH the sentences were ordered to run concurrently.

(3.) THE prosecution, in support of its case, examined 18 witnesses and Exhibited 15 documents. THE trial court recorded the statements of the accused persons under section 313, Cr. P. C. , wherein they stated that Rekha took poison at the agriculture field of her maternal-uncle Tapashrai and thereafter Tapashrai brought her dead-body to their residence. THE accused Bhupenpal stated that he was in service at Kota and was not present on the day of the incident at his residence. He came back in the evening on receiving the message of the incident. THE rice, mixed with poison, and small container, containing poison, were brought by Tapashrai to their residence. THEy were given beating by Tapashrai and they were locked. THEir door was opened by the police. THE accused, in defence, examined DW-1 Samiran and DW-2 Santosh Mandal.