SOHAN LAL Vs. STATE OF U P

JUDGEMENT

(1.) -Heard learned counsel for the appellants and learned Additional Government Advocate.

(2.) IT is pointed out that the deceased Smt. Phoolwati has committed suicide as the appellant Sohan Lal, who was the husband of the deceased, has kept a mistress Saroj, the co-appellant and they used to harass and beat the deceased.

(3.) IN Ramesh Kumar v. State of Chhattisgarh, AIR 2001 SC 3837 : 2002 (1) ACR 475 (SC), it has been held in paragraph 12 that before drawing the presumption that a woman may be coerced to commit suicide by the husband or in-laws, it must be shown that suicide has been committed, such suicide has been committed within a period of seven years from the date of her marriage and her husband or his relatives, who are charged had subjected her to cruelty. Only on the existence of the aforesaid circumstances, the Court may presume that such suicide had been abetted by her husband or by such relatives of her husband. It was also pointed out that presumption was not mandatory, it was only permissive as the expression 'may presume' had been used.