DWARIKA PRASAD SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant Dwarika Prasad Soni has been convicted under Section 306, Indian Penal Code for abetting the commission of suicide by his wife and he has been sentenced to rigorous imprisonment for seven years and a fine of Rs. 1,000/- one thousand only) for this offence.

(2.) After hearing the learned counsel for both the sides the evidence on record has been carefully scrutinised. Deceased Vijaylaxmi was the daughter of Harishankar (P.W. 2) and sister of Govind Singh (P.W. 4). She was married to accused Dwarika Prasad on 8-2-1985 at Kanpur. The couple lived at Kanpur for sometime. In 1988 Dwarika Prasad and his wife shifted to Fatehpur and then started living at Morena in Madhya Pradesh. She consumed acid on 9-5-1991 at Morena and died on 10-9-1991 at Gwalior.

(3.) The prosecution case was that the accused was demanding dowry from the father and brother of his wife and he was treating her with cruelty. The incidents of cruelty are said to have taken place when Dwarika Prasad and his wife were living at Kanpur. Then there was a compromise. Harishankar (P.W. 2) got a shop opened for accused Dwarika Prasad at Kanpur. There was again a quarrel between the husband and the wife. This led to a proceeding under Section 125, Cr. P. C. and the Family Court at Kanpur by its order dt. 29-9-88 granted a maintainance allowance of Rs. 300/- per month to the wife. Again there was a mutual settlement. The couple lived for sometime at Kanpur and then went to Fatehpur. Then they shifted to Morena.