BALA RAO Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants assailing their judgment of conviction and order of sentence dated 31. 10. 2001 passed by learned 5th Additional Sessions Judge, gwalior in S. T. No. 56/2001, whereby they have been convicted under Section 306 IPC and sentenced to suffer RI of five years and fine of Rs. 2,500 each, in default of payment of fine, further RI of three months.

(2.) IN brief the case of prosecution is that on 2. 9. 2000 at 1 p. m. in the afternoon laxminarayan Kushwah came to Police station Madhoganj and informed that in his house the accused persons are tenants and the wife of accused Bala Rao, namely, Kiran (hereinafter referred to as 'the deceased')has put her life to an end by hanging herself on the ceiling fan. This he saw by peeping from the window. The said report was registered as Marg Intimation Report under Section 174, Cr. P. C. The investigating agency came to the spot, opened the door and recovered the dead body of the deceased which was holding a note-book. After preparing necessary Panchnama, dead body was sent for post-mortem. The investigating agency prepared spot map and investigated the matter.

(3.) AFTER the investigation was over, a charge-sheet was submitted in the competent Court, which on its turn committed the case to the Court of Session from where it was received by the trial Court for its trial.