NARSINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant stands convicted under Section 306 of the Indian Penal Code (Code for short) and sentenced to undergo R.I. for 4 years.

(2.) As per prosecution deceased Navsibai was married to the appellant about 3 years before her death by drowning in a well of Bhaga (PW 4). Appellant used to harass and manhandle her. Deceased used to come at parents house at village Bilwari and complain to her parents Shobharam (PW 1) and Shayanibai (PW 3) about her cruel treatment by the appellant and that the appellant had illicit attraction to her own sister-in-law married to her elder brother. It was also claimed that deceased had lived with her parents and would now allow to go to her nuptial house and was sent only on the assurance of the appellant and Mangilal (PW 8) that she would not be maltreated in future. As per appellant deceased was suffering from epilepsy, he had never maltreated or harassed her. Parents of deceased are deposing against him out of sheer grief as their daughter has died.

(3.) To establish an offence under Section 306 of the Code, the prosecution must be able to prove that the deceased had committed suicide and appellant had abetted the commission thereof.