The guilt under Section 498A IPC was established through consistent witness testimony despite minor contradictions, affirming the necessity for reliability in evidence.

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.310/97 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 S.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 S.304B of the and also acquitted co - accused Yadunandan, father of appellant Surendra (A - 1), from the charges under S.304B and S.498A of the . 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 appellants as aforesaid mentioned and thereby committed illegality.

3. As per case of the prosecution, on 01-5-1997, Ramprasad Jaiswal reached to Outpost Karji, Police Station Jaynagar, District Surguja and lodged the merg intimation regarding death of daughter - in - law of his brother Yadunandan and stated therein that on account of pain in the abdomen Anjulata was having problem, she was being treated at Ambikapur, but had not become well. On the same day, deceased Anjulata alias Anju, her father - in - law Yadunandan and his wife and other children were in their home; at about 9.30 morning, Anjulata hanged herself in a room near to her room with a rope connected with a wooden girder of the roof. The hanging rope was cut by her father - in - law Yadunandan with a hope that she may regain life but deceased Anjulata not regained life. On account of death of Anjulata, the merg was written at the outpost, same was numbered at Police Station Jaynagar as Ex. - P / 6. Police reached to the spot and after giving inquest notice (Ex. - P / 7) to the witnesses, inquest (Ex. - P / 1) was prepared vide Ex. - P / 1 and the dead body of deceased Anjulata was sent for post - mortem. Doctor Kamlesh Kumar Tamrakar (PW - 7) conducted the autopsy and noticed following injuries / symptoms: - (i) ligature mark present on neck above the thyroid cartilage passing obliquely upwards toward right upto right angle of mandible and towards it goes obliquely upwards toward left mastoid and upto right side of occipital region then interrupted from right side of occipital to right angle of mandible. Mark is hard brownish in colour, length 14'\" breadth 1\" on dissection subcutaneous tissue under mark is pale, soft tissue of neck above and below the ligature mark is congested. As per the opinion cause of death was due to hanging. It was also opined that death was occurred within 2 days since the post - mortem. He gave his report vide EX. - P / 4. During the investigation, police seized remaining rope, breaking bangles and other articles vide Ex. - P / 2; also seized from appellant Shantibai (A - 2) one piece of bangle for comparison. The spot map was prepared vide EX. - P / 8. Two cheques were seized from Harihar Prasad Jaiswal vide Ex. - P / 12 issued on the name of appellant Surendra Jaiswal (A - 1). On 15-5-1997, the First Information Report (FIR) was lodged against the both appellants and acquitted co - accused Yadunandan Jais