LAWS(MPH)-2007-4-37

GULABBAI Vs. STATE OF MADHYA PRADESH

Decided On April 30, 2007
GULABBAI Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS appeal is directed being aggrieved by the judgment dated 24-11-1992 passed by First Additional Sessions Judge, Sehore in S. T. No. 182/91 convicting and sentencing the appellants under Section 306 of IPC for which each one has been directed to under go for five years RI with fine of Rs. 2,000/-, in default of its further six months' RI has been awarded.

(2.) THE facts giving rise to this appeal in short are that the deceased sauram Bai was married in the form of Natra with Babulal, the son of the appellant No. 1 and the brother of appellant No. 2 before nine-ten months from the date of the incident. On 16-3-1991, her head body was found in the well of family field at Village Bhawra. On receiving such information from Dilip Singh a merg intimation was registered at Police Station, Astha. On carrying out its inquiry it was revealed that she committed suicide on account of giving abatement by the appellants as the day before the recovery of her dead body some quarrel took place in between the appellants and deceased due to such inducement she committed suicide by jumping into the well, on which an offence under Section 306/34 of IPC was registered against the appellants. They were arrested and on completion of investigation they were charge sheeted for aforesaid offence.

(3.) THE case was committed to the Sessions Court on framing the charge for the offence under Section 306 of IPC against the appellants; they abjured the guilty, on which the trial was held. After recording the evidence on appreciation the appellants were held guilty for such charge and punished with the above-mentioned punishment.