SHYAMBAI AND ORS. Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision is preferred against order dated 29.03.2014 passed by the Court of A.J.S. Itarsi in Session Trial No.188/2013, whereby learned A.S.J. had framed charges under Sections 306 and in alternative 306 read with section 34 of the IPC against the revision petitioners/accused persons Shyambai, Rajesh @ Khuman Singh, Baijantibai and Kailash Thekedar.

(2.) The facts necessary for disposal of this criminal revision may briefly be summarized thus: Baijaintibai was wife, Shyambai was mother in law, Rajesh @ Khuman Singh was brother in law and Kailash Thekedar was neighbour of deceased Omprakash. Deceased Omprakash was married to Baijantaibai about 14 years before the date of incident. They had no issues and lived away from parent of the deceased since the year 2007. She had extra marital relationship with accused Kailash Thekedar since the year, 2009. This affair continued till August, 2012, under the garb of relationship between father and daughter. Family members of the deceased as well as neighbours and wife of Kailash warned the deceased about the illicit relationship between his wife and Kailash Thekedar but he did not believed them and on occasions even quarreled with them stating that they were leveling baseless allegations against his wife. However, gradually, the deceased also started to suspect the conduct of his wife, as he saw them talking with each other in suspicious circumstances. Kailash and Baijantibai used to talk frequently on mobile phone and after talking, Baijantibai used to delete the call details.

(3.) On 28.07.2012, deceased ultimately confronted his wife with a recording of her and Kailash's conversation; whereon she reluctantly confessed that she was having illicit relation with Kailash for a long time but promised to put an end to the affair and also suggested that the deceased could either sent her to her maternal home or he could bring his mother to their house to keep a watch on her. On 29.7.2012, deceased dropped Baijantibai at her parent's place.