MANOHARLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has filed this appeal against the judgment dated 14-11-1990 passed by the Second Additional Sessions Judge, Camp Rahli District Sagar in Sessions Trial No. 234/86 whereby convicting him for offence under Section 306 of the Indian Penal Code and sentencing him for two years rigorous imprisonment and fine of Rs. 2000/-.

(2.) IN brief, the prosecution case is that : On 19-10-1985 after about three years of marriage, Saroj wife of the appellant committed suicide by ablazing herself. The appellant used to ill- treat her as the marriage was performed suppressing the fact that she was more aged than him. The appellant by letter (Ex.P/5) addressed to his brother-in- law had expressed his intention to divorce her. It was also alleged that Siyarani (co-accused), mother of appellant and Makundilal (co-accused), father of appellant also used to ill-treat her and Makundilal tried to outrage her modesty. According to the prosecution the appellant had abetted his wife Saroj to commit suicide.

(3.) SHRI S. C. Datt, Senior counsel for the appellant argued that no offence for abetment to commit suicide is made out even if the prosecution evidence is accepted as it is. Shri Ravindra Rajpoot, counsel for the State on the other hand supported the conviction and sentence as recorded by the trial Court.