JUDGMENT :

1. This criminal appeal filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) is directed against the impugned judgment of conviction and order of sentence dated 28.11.2002 passed by 3rd Additional Sessions Judge (F.T.C.), Korba, District Korba (C.G.) in Sessions Trial No.335 of 99, whereby the appellant has been convicted under Section 306 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.500/-, in default of payment of fine, additional rigorous imprisonment for one month.

2. It is an important fact of the case is that co-accused Ramkishun, brother of Labho Ram has been died during trial. Co-accused Smt. Sahodara Bai is the first wife of appellant Labho Ram and co-accused Smt. Maina Bai is the mother of appellant Labho Ram. Under the impugned judgment, Smt. Sahodara Bai and Smt. Meena Bai were acquitted of the offence punishable under Section 306 of the IPC by the trial Court.

3. Briefly stated facts of the case, are that appellant Labho Ram was married to Smt. Sahodara Bai. Smt. Sahodara Bai had gone to her m