KISHORI LAL Vs. STATE OF M P

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by the learned Single Judge of the Madhya Pradesh High Court, dismissing the appeal filed by the appellant questioning his conviction under Section 306 of the Indian Penal Code, 1860 (in short IPC) and sentencing him to undergo RI for five years.

(2.) The background facts in a nutshell are as follows: Appellant was married to Rajkumari (hereinafter referred to as the deceased). On 31.8.1982 she committed suicide. On the basis of information lodged by the accused investigation was undertaken. The accused was arrested for allegedly having abetted deceased to commit suicide on 31.8.1982. According to the prosecution in the evening of 31.8.1982 the accused left for his duty leaving the deceased in the house. In the evening when he reached the house the room was found closed from inside and the deceased did not respond to his call for opening the door. Apprehending that there was something wrong, he went to Police Station and lodged the report. The police went with him and with the help of persons of the locality broke open the door and found that the deceased had committed suicide by hanging from the roof. After completion of investigation charge sheet was placed and the accused pleaded innocence.

(3.) Primarily relying on the evidence of PWs. 8, 10 and 11 the Trial Court came to hold that the accused had abetted suicide. Accordingly the conviction was recorded and sentence was imposed. Appeal before the High Court did not bring any relief to the appellant.