GULABIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Appeal has been preferred against the judgment dated 3.12.1996 passed in ST No. 147/1995 by Sessions Judge, Sidhi convicting the appellant/accused-Gulabia under Section 306, Indian Penal Code for abatement of her daughter-in-law Sonvati (deceased), to commit suicide, by hanging herself to end her life and sentenced the appellant for 3 years R.I. The facts of the case in short, are that about 8-9 years prior to incident Sonvati (deceased) married to Rajmani Patel, son of accused/appellant. "Gauna" was performed 3 years back. In-laws of the deceased used to demand "mohar" and other items saying that they did not receive any thing in dowry. On 9.7.1995 at about 11.00 a.m. Sonvati (deceased) hang herself with the help of rope on bamboo stick clamped in the house.

(2.) Learned Trial Court framed charges under Section 306, Indian Penal Code. Appellant/accused has abjured his guilt. Trial Court proceeded with trial and recorded the statements of Chourasiya mother of deceased (PW-1), Chitrasen (PW-2), Ramdayal brother of deceased (PW-3), Manghir, cousin sister of the deceased, (PW-4) Shambhu Prasad, father of deceased (PW-5), Besani, younger sister of deceased (PW-6), Dr. Motilal (PW-7), Bejnath Prasad, Head Constable (PW-8), Anil Kumar Station House Office, Police Station Amiliya (PW-9).

(3.) Trial Court relied upon the testimony of witnesses and evidence, convicted the appellant/accused under Section 306, Indian Penal Code and sentenced the appellant- Gulabia for 3 years imprisonment.