RAMRAJ SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern disposal of aforesaid both appeals arose out of common impugned judgment dated 28/11/2001 passed by Additional Session Judge, Amarpatan, District- Satna in ST. no. 140/1994 convicting the appellants under section 306 of IPC for abatement of suicide committed by deceased Saroj Singh and sentenced them to 7 years R.I and with fine of Rs. 1000/-, in default 6 months R.I to each. Deceased Saroj Singh was wife of appellant Ramraj Singh, married on 15/02/1989. Deceased died on 02/06/1994 by hanging herself after killing two children, aged 4 years and 10 months. Appellant Raghunandan Singh and appellant Leela Devi Singh are brother and sister-in-law of appellant Ramraj singh. Chandrabhan Singh (PW-1) and Anurudh Singh Hajari (PW-5) are brothers of the deceased. Neeta Singh, wife of Chandrabhan Singh (PW-6) is sister-in-law of the deceased.

(2.) Facts of the case according to charge sheet, in short, are that at the time of marriage deceased possessed degree of Master of Arts and was resident of Sagar. Appellant Ramraj Singh husband of deceased was only BA pass and was resident of village Chourhata and was posted as Clerk in irrigation department at village-Devlong, District- Shahdol. Appellant Ramraj Singh used to live alone at his place of posting and deceased live in village Chorhata along with co-appellants Jeth-Jethani. Husband and his family members were not happy and satisfied with the items given by brothers of the deceased in marriage. Deceased was constantly subjected to harassment and torture by her husband and his family members. At the time of marriage deceased was assured regarding her service. Deceased was subjected to harassment and torture by co-appellants by finding faults in herself and her daily house hold work and by misbehaving with her. In 5 years married life, deceased gave birth to one daughter and one son. On the date of incident, their age was 4 years and 10 months respectively. On 02/06/1994 in village Chorhata after killing two children, bolted herself in a room in matrimonial house, hung herself by neck through the roof. Raghunandan Singh and appellant Leela Devi Singh came and knocked the door and somehow managed to open the door and found her dead hanging herself from the roof leaving two children dead on the floor.

(3.) Neighbour Dharamraj Singh (PW-2) informed the incident to police-Amarpatan. Marg Ex.P-4 was registered. Naksha Panchayatnama of dead body Ex.P-6 of the deceased was prepared. Postmortem of deceased was conducted by Dr.P.K Shukla (PW-11).