BALKISHAN AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) The appellants/accused have preferred this appeal under Section 374 of Cr.P.C. being aggrieved by the judgment dated 20.9.1996 passed by Additional Sessions Judge Sardarpur, District Dhar in Sessions Trial No. 180/93, convicting and sentencing each of the appellants for the offence under Section 306 of I.P.C. for RI four years with fine of Rs.1000/- in default of depositing the fine amount, further six months SI.

(2.) It is apparent from the record that in pendency of this appeal, the appellant no.2 Koshaliya, had passed away on which, in compliance of order dated 11.10.2000, her name was deleted from the array of appeal memo on dated 18.10.2000.

(3.) The facts giving rise to this appeal in short are that on dated 24.7.1991 at about 12.30 in the noon, one Mangilal Jaiswal, informed to Police Station Sardarpur that while going to Rajgarh from his village, on the way he visited the house of his in-laws family at village Piparani, where his mother-in-law Koushailya (the deceased appellant) apprised him that her daughter-in-law Komal Bai went to give answer the call of nature before half an hour but she has not come back. She also expressed his doubt saying that perhaps the Komalbai has left the village by some bus on which, he went to trace her out at Rajgarh bus-stand where she was not found. While he was returning from the bus-stand, on the way he saw the tumbler (lota) of deceased Komal Bai near outside of some well and some of the villagers were trying to take out her dead body from such well. Such information being related to unnatural death of human being, a merg intimation was registered at such Police Station. In the course of it's inquiry, the parents of the deceased as well as neighbor of her matrimonial home were interrogated on which it was revealed that subsequent to marriage, the deceased was subjected to cruelty and beating by the appellants for which, she had informed her parents also and due to such acts of the appellants, Komalbai was instigated and jumping in the well and committed suicide. On which, a Crime No. 343/91, was registered against the appellants (including the said deceased-appellant) for the offence of Section 306 of I.P.C. On completion of the investigation, the appellants were chargesheeted for the same. After framing the charge, the trial was held on appreciation by holding guilty to the appellants for the aforesaid offence of Section 306 of I.P.C., each of them were punished with the sentence mentioned above. On which, the appellants have come to this Court with this appeal.