CHANDRA BHUSHAN BAJPAI, J.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 05-1-1999 passed by the Additional Sessions Judge, Surajpur, the then District Surguja, M.P. (now C.G.) in Sessions Trial No. 310 of 1997 whereby and whereunder the learned Additional Sessions Judge after holding the appellants guilty for subjecting Anjulata, wife of appellant Surendra (A-1) and daughter-in-law of appellant Shantibai (A-2), to cruelty, convicted them under Section 498A of the Indian Penal Code (in short the IPC) and sentenced each of the appellants to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 500/- in default of payment of fine, to further undergo rigorous imprisonment for 6 months. The learned trial Judge acquitted the appellants from the charges under Section 304B of the IPC and also acquitted co-accused Yadu-nandan, father of appellant Surendra (A-1), from the charges under Sections 304B and 498A of the IPC. Against such acquittal no criminal appeal is reported to be filed by the State.

2. Conviction is impugned on the ground that without there being any iota of evidence, court below has convicted and sentenced the app