GHANSHYAM KOUSHIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 2.9.97 passed by the Second Additional Sessions Judge Bilaspur, in ST. No. 472/1996 convicting the accused/appellant under Section 306 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for five years and to pay fine of Rs. 300, in default of payment of fine to further undergo SI for three months.

(2.) FACTS of the case in brief are that on 23.10.94, at about 6 00 p.m., merg intimation Ex.P/1 was given by Net Ram informing that his niece Santoshi Bai committed suicide by pouring kerosene oil and setting herself ablaze. After merg inquiry, on 18.11.94, FIR Ex.P/9 was registered against the accused/appellant under Section 306 IPC. Case of the prosecution in nut shell is that on 19.10.94, when deceased Santoshi Bai was all alone in her house, after entering the house appellant hid himself and when the villagers searched the house of deceased, he was found in her house. It is further alleged that after two days of the incident, panchayat meeting was called in which accused/appellant was imposed with a fine of Rs. 10,000. It is alleged that on account of the above incident, on 23.10.94, deceased committed suicide. After investigation, charge sheet was filed on 26.12.94 under Section 306 IPC.

(3.) AFTER hearing counsel for the parties, the trial Court has convicted the accused/appellant under Section 306 IPC and sentenced him as mentioned above. Hence this appeal.