STATE OF MADHYA PRADESH Vs. GANESH RAM

JUDGEMENT

(1.) This appeal has been preferred by the State of Madhya Pradesh. It is directed against the judgment of acquittal recorded by the Additional Session Judge Vidisha. The respondent was proceeded against for an offence said to have been committed under Section 306 of the Indian Penal Code. His wife Shreebai has said to have committed suicide and respondent said to have abetted in this crime.

(2.) It is not in dispute that Shreebai died of drowning. The only question which is required to be gone into in this case is whether the respondent took any positive step with a view to induce the deceased to commit suicide. The evidence which has been brought on record be now noticed.

(3.) The prosecution story is that the respondent always used to demand Rs. 20,000/- by way of dowry. The marriage took place about ten to eleven years before the date of occurrence. The further prosecution story is that the respondent would misbehave with his wife. It is also stated that he had illicit relation with the wife of his younger brother. There was some exchange of hot words four to five days prior to the date of which Shreebai committed suicide by jumping into a well. Premabai P.W. 2, is the mother of deceased. She has stated that the respondent was having illicit relations with the wife of his younger brother and would pick up quarrel with her. Sitaram P.W. 3, is witness to the fact that Shreebai was found in the well and he had reported the matter to the police. P.W. 4, has stated that he has his house adjacent to the house of respondent and he could hear exchange of' hot words between the respondent and Shreebai. He was unable to indicate any reason as to why Shreebai jumped into the well. P.W. 6 Sukhlal has again not been able to point out as to why Shreehai jumped into the well.