2004 INSC 0557
                                    SUPREME COURT OF INDIA

                                                    Rajakbi

                                                      Vs.

                                           State of Uttar Pradesh

                                           Crl.A.No.223 of 1999

                               (Doraiswamy Raju and Arijit Pasayat JJ.)

                                                 21.04.2004

                                                   ORDER

1. Two persons, who were the mother-in-law and father-in-law of the deceased faced trial for
alleged commission of offence punishable under Sections 302 and 498-A IPC. The Trial
Court directed the acquittal. The State of Karnataka preferred an appeal questioning the
correctness of the acquittal. The High Court by the impugned judgment set aside the acquittal
and directed the conviction for offence punishable under Sections 302 and 498-A IPC. It
appears that before the delivery of judgment dated 23.10.1998 by the High Court, Makbul,
the father-in-law of the deceased, who was respondent No.1 before the High Court, had died
on 17.10.1998. The present appeal is by Rajakbi, the mother-in-law of the deceased.

2. Having heard learned counsel for the parties, we feel that the conviction of the appellant
under Sections 302 and 498-A IPC is to be altered to Section 304-B IPC and 498-A IPC with
custodial sentence of seven years and three years respectively. The sentence are, however,
directed to run concurrently.

3. The appeal is allowed to the extent of modification of conviction and alteration of
sentence.

4. The appellant, who is on bail, shall surrender to custody to serve remainder of the
sentence.

5. The appeal is finally disposed of.

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