KARANSINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Karansingh has filed this appeal against the judgment & order dated 29.11.1997, passed by the Additional Sessions Judge, Manawar, district Dhar, whereby he has been convicted under Sections 306 of IPC and sentenced to RI for 11/2 years with fine of Rs.500/-; in default of payment of fine he shall undergo additional SI for six months.

(2.) As per prosecution story, on 3.7.96 at about 1.00 in the afternoon first informant Jassu son of Mangliya, resident of village Piplda had gone towards river for providing water to animals, there his grand-daughter Lallubai informed him that Bhurlibai wife of Karasingh consumed poisonous substance. On this, he went there and saw that she was fighting for life. He asked her for water and gave her water but she could not consume it and after sometime she died. The incident was also seen by Champubai wife of Bilam and Kusumbai. The informant narrated the said intimation to Police Station Gandhwani and Murg No.18/96 was registered under Section 174 of Cr.P.C. After Murg investigation the police came to the conclusion that both the accused persons consistently torturing and causing injuries to her and on 3.7.1996 the appellant and his mother Parlibai in furtherance of their common intention abetted Bhurlibai to commit suicide and as a result thereof she committed suicide. FIR was registered vide Ex. P/6 and after completion of investigation charge sheet for an offence under Section 306 of IPC, was filed against the accused persons before the Judicial Magistrate First Class, Manawar, who in turn committed the case to the Court of Sessions. After trial the learned Court below acquitted accused No.2 Parlibai, mother-inlaw of the deceased, but convicted the appellant and sentenced him as afore-noted.

(3.) As per statement of Dr. P.K. Porwal (PW1) postmortem of the deceased was conducted by him. Ex.P/1 is her postmortem report. This witness in his cross examination has very categorically admitted that no external injury was found on the person of the deceased. On the basis of viscera report the trial Court came to the conclusion that the deceased died by consuming poisonous substance. This witness has not given any information regarding death of the deceased.