SANJIV Vs. STATE OF MADHYAPRADESH

JUDGEMENT

(1.) This judgment shall govern aforesaid both the appeals as arising out of the same judgment.

(2.) The appellant of Cr. A. No. 543/92 has preferred this appeal being aggrieved by the judgment dated 30-4-1992 passed by Sessions Judge, Chhindwara in S. T. No. 134/91 convicting him under Section 306 of I. P. C. with imprisonment of till rising the Court and fine of Rs. 50.000/-, in default of it two and half years SI was directed. While the State of Madhya Pradesh has preferred Cr. A. No. 704/92 under Section 377 of Cr. P. C. for enhancement of aforesaid punishment.

(3.) The facts giving rise to these appeals are that the wife of appellant in Cr. A. No. 543/92 namely Babita committed suicide by hanging and died by unnatural death in the intervening night of 22nd and 23rd May 1991 in their home. On information to Police Kundipura, by the appellant a marg intimation (Ex. P.9) was registered on 23-5-1991. After preparation of dead body Panchnama (Ex. P. 10) and spot map (Ex. P. 11) the dead body was sent to hospital for postmortem and the same was carried out. During its enquiry on 26-5-1991 an offence under Section 306 of I. P. C. was registered. During investigation some suicidal notes written by the deceased and addressed to the appellant and her family members were seized. The appellant was arrested. The seized letters were sent to Hand Writing Expert for his opinion. On receiving such report and completion of investigation the appellant was charge sheeted for the offence under Section 306 of I.P.C. As alleged the appellant got married with the deceased, who was his maternal sister, contrary to the wishes of their respective family members and the custom of the community. Subsequent to this marriage they were residing separately at Chhindwara while the parents of the deceased were resided at Bhopal.