MAHAVIEER SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have come up in the present appeal against their convictions, by the trial Court, under Section 306, Indian Penal Code, and the various sentences imposed upon them, thereunder.

(2.) APPELLANT Mahavir Singh is the husband of late Laxmi, who is alleged to have committed suicide by burning herself. Roop Singh is Mahavir's elder brother, Krishna devi is latter's wife and Keshar Bai is the mother. The fact of death of Laxmi on the intervening night of 11/12th November, 1983, at about 4. 30 a. m. in the residential house in I. T. I. Colony, Morar, is not in dispute. The fact of her death by suicide was reported by appellant Roop Singh at P. S. Morar immediately after at about 6. 15 a. m. and recorded by H. C. Police Rambaran Singh (P. W, 12) vide Ex. P. 11 under Section 174, criminal Procedure Code. F. I. R. Ex. P. 9, on the printed form, was also prepared on its basis. But, on the same day, i. e. , on 12. 11. 1983, Bramha Singh (P. W. 1), brother of the deceased, submitted a typed report Ex. P. 1 to the Town-Inspector in respect df the alleged offence. The sum and substance of Ex. P. 1 was that the husband of Laxmi and other members of his house-hold were making repeated demands for a two-wheeler in addition to money. They also used to beat, starve and torture her. The offence under section 306, Indian Penal Code, (abetment of suicide) was investigated into on the basis of Ex, P. 1 by the police. On completion of the investigation, S. O. P. S. Morar, put up the chargesheet in respect of the alleged offence under Section 306, Indian Penal Code, against the four appellants-accused persons.

(3.) IN the trial Court, the four appellants-accused persons abjured the guilt and stated that they had been falsely implicated due to ill-relations, that developed between the parties. The learned trial Judge, upon an assessment of the evidence adduced before him, has convicted and sentenced the appellants, as recorded in paras 41 to 43 of his impugned Judgment dated 28-7-1986.