DEVI SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Devi Singh, the appellant on having been convicted for offence under section 306, I.P.C by Shri Satish Chandra Dubey, Additional Sessions Judge, Harda in S.T. No. 153/90, approached this Court by means of the present appeal.

(2.) Nirmalabai was the wife of the appellant. They married 20 years hence the alleged occurrence. It appears that she committed suicide sometime in the night intervening 7th & 8th January, 1990 by consuming poison. She while on way to hospital died on 8.1.1990 and the F.I.R./Marg (Ex. P/i) was lodged by Ward Boy Garibdas (P.W. 1) at 8.35 A.M. at P.S. Timami.

(3.) The prosecution case in brief was that deceased Nirmalabai, the wife of the appellant, was married 20 years hence the alleged occurrence. During her life time about 15-16 years hence the date of alleged occurrence he married a second woman namely Kotubai. The appellant used to beat and abuse Nirmalabai. On a night between 7th and 8th January, 1990 Nirmalabai was given a beating as a result of which she consumed poison which resulted in her death. The accused took Nirmalabai to Timami Hospital where Dr. Sharad Kumar Gadre on 9.1. 1990 sent a written information Ex. P 12 to the Police Station Timami and a case of sudden death was registered and the Panchnama was prepared but no cause for death could be ascertained by the police officers or the Panch witnesses, therefore, the body was sent for post mortem. In the post mortem it was detected that the death was on account of consuming some poison. It was also detected that in the night at about 11.00 A.M. Nirmalabai was shouting in her house for seeking help on this basis the case was registered against the accused-appellant for an offence punishable under section 306, I.P.C. and after investigation the charge-sheet was filed for offence punishable under section 306 and 498-A of the I.P.C.