BHAWARSINGH Vs. STATE OF M P

JUDGEMENT

(1.) ­The appeal has been preferred under section 374 of the Cr.P.C by the appellant Bhawarsingh being aggrieved by the judgment dated 13/08/1996 passed by the Court of Shri R. Y. Durve, Sessions Judge, Dhar in Special Case no. 385/1995, by which the appellant has been convicted under sections 306 of the IPC and sentenced to undergo rigorous imprisonment of five years with fine of Rs.1000/ -; in default of payment of fine to undergo rigorous imprisonment of six months.

(2.) ACCORDING to the prosecution story, deceased Pepabai wife of the appellant Bhawarsingh committed suicide on 07/10/1994, hence marg no.32/1994 was registered at police station - Kanwan, District - Dhar. After investigation, it was found that deceased Pepabai was married with the appellant three years before her death. She went to her in -laws' house and thereafter, she went to Indore with her husband. Her husband was keeping a lady Daryabai, with whom he was having illicit relation. Due to this dispute, the appellant left the deceased to her parents' house, where she was living with her father and mother. In the night of 07/10/1994, deceased Pepabai committed suicide, hence crime no. 112/1995 was registered against the appellant and after investigation and filing of the challan, the appellant was convicted after trial as mentioned herein above.

(3.) IT has been argued on behalf of the appellant that he has been falsely implicated in this case. The said lady Daryabai with whom allegations of illicit relation of the appellant has been implicated is the sister of the appellant. She was residing at Indore and the appellant was residing with her. Long before of the incident, the appellant was not living with his wife Pepabai, but his wife Pepabai was living with her father and mother and the accused / appellant did not come to deceased Pepabai before her death. The appellant has not abetted the commission of the suicide and hence, the appeal be accepted.