LAWS(MPH)-2012-9-69

MEERA DEVI Vs. STATE OF MADHYA PRADESH

Decided On September 12, 2012
MEERA DEVI Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 4.7.1997 passed by the learned Sessions Judge, Satna in S.T.No.132/1996, whereby the appellant was convicted for the offence punishable under sections 306 and 498-A of IPC and sentenced for 1 year's rigorous imprisonment with fine of Rs.5,000/- for each count. In default of payment of fine, 6 months' rigorous imprisonment was directed for each count.

(2.) PROSECUTION's case, in short, is that, the deceased Kiran was admitted in the hospital on 25.2.1996 with the complaint of abdominal pain. She has expired within half an hour. Dr. Gautam had sent a merg intimation, Ex.P/8 to the Police Station Kotwali, District Satna about her death. A Panchayatnama Lash, Ex.P/2 dated 27.2.1997 was prepared and her dead body was sent for the post-mortem. Dr.Shukla (P.W.9) with other doctors performed the post-mortem on the body of the deceased Kiran Garg. They could not found any injury on the body of the deceased. No cause of death could be ascertained. However, there was a suspicion that she consumed some poison and therefore, viscera was preserved and given for forensic science analysis. In FSL report, Ex.P/ 13, it was found that the deceased had consumed Celphos i.e. Aluminium Phosphide. The police enquired about the death of the deceased then, parents and relatives of the deceased had stated that the marriage of the deceased took place 5-6 years prior to her death and her Gauna took place

(3.) ON the other hand, the learned Panel Lawyer has submitted that the conviction and sentence passed by the trial Court appears to be correct. There is no basis by which any interference can be done in the conviction or sentence directed by the trial Court.