KANHAI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have been convicted for an offence under Sections 498-A and 306, IPC and sentenced to undergo R. I. for three years on each count. Both the sentences were ordered to run concurrently.

(2.) DEAD body of wife of appellant Kanhai was found in a well on July 2nd, 1987 at village Madawanmar. Marriage of the deceased was performed with Kanhai prior to 4 to 5 years. Prosecution alleged that the accused Kanhai, mother-in-law Harhuwawali and Munna, brother of Kanhai used to quarrel with the deceased and harassed her. On the date of incident also quarrel took place in the family. Accused Kanhai had slapped the deceased. In the evening deceased jumped into well along with infant daughter and committed suicide. Deceased Ramkali as well infant daughter's dead bodies were recovered from a well. Spot map Ex. P-14 was prepared. Post-mortem was performed by Dr. J. C. Lohrat. Cause of death was found to be asphyxia owing to drowning.

(3.) ACCUSED persons abjured the guilt and it was contended that the marriage took place prior to 12 years of the date of incident. Ramkali had gone to well to bring water. She had fallen in the well accidentally and was not treated with cruelty.