JAISINGH WACHU RATHOD Vs. SUMAN RATHOD

JUDGEMENT

(1.) LEARNED counsel for the applicant; Mr. Adil Mirza, for Mr. R.J. Mirza, for respondents 1 to 3 and Mr. B.M. Lonare, APP for respondent no. 4.

(2.) BY this Revision, the applicant has challenged the validity, legality, propriety and correctness of the judgment and order of acquittal in Sessions Trial No. 73/ 2005 decided by the learned Addl. Sessions Judge, Darwah on 5.5.2009 whereby the respondentaccused nos. 1 to 3 were acquitted of offence punishable under sections 306,498A read with section 34 IPC.

(3.) THE presumption would arise regarding abetment of suicide provided that death of a lady by suicide occurred within seven years from the date of her marriage and further her husband or such relatives of her husband had subjected her to cruelty. Thus there is no blanket presumption as such; but it may be raised by the Court considering all other circumstances of the case. Merely because married woman committed suicide within seven years of her marriage does not therefore, ipso facto result into presumption. It is necessary in such case to lead the evidence about the circumstances of cruelty by husband or his relative/s and then only having regard to the circumstances of the case, the Court may find justification to raise a statutory presumption so as to insist upon rebuttal of the same by the defense.