SORAN SINGH Vs. STATE

JUDGEMENT

(1.) Rakesh husband of deceased Mamta and his father Soran Singh have been convicted for the offence punishable under Section 498A IPC as also for the offence punishable under Section 304-B IPC.

(2.) That deceased named Mamta committed suicide in her matrimonial house somewhere around 10:00 PM at 19.05.2005 is not in dispute and learned counsel for the appellant very fairly conceded to said fact. The deceased hung herself from the neck using a saree and the post mortem report Ex.PW-9/A duly proved by Dr.Arvind Kumar PW-9 and the opinion of the said doctor establishes the fact of Mamta suffering a suicidal death. That Mamta and Rakesh got married on 13.02.2005 is also not in dispute, being a fact deposed to by Mohan Singh PW-2, Maya Devi PW-4, Rai Singh PW-6 and Purshotam PW-3 being the brother, mother, father and uncle (fufa) of Mamta and not disputed by the appellants when they were examined under Section 313 Cr.P.C.

(3.) Thus, out of the three ingredients required to be proved by the prosecution entitling the prosecution to the benefit of the presumption contemplated by Section 304-B IPC and Section 113-B of the Indian Evidence Act 1872; shifting the burden upon the appellants to prove their innocence, two ingredients stand admitted, being that, the deceased died otherwise than under normal circumstances and that the death was within seven years of the marriage.