ARJUN Vs. STATE OF M P

JUDGEMENT

(1.) The two appellants were tried alongwith four others for offences under Sections 306 and 498-A of the Indian Penal Code in connection with the commission of suicide by Smt. Latabai on 6-11-1985, who was wife of the appellant Arjun son of Laxman and daughter-in- law of the appellant No.2 Enabai Anusuiyabai. Whik acquitting the other accused persons the appellants were found guilty for offences under Sections 306 and 498-A, I.P.C. alongwith cc- accused Vandana and while the appellant Arjun was -respectively sentenced to R.I. for 5 years and R.I. for 2 years the appellant Enabai Anusuiyabai was sentenced to R.I. for 3 years and R.I. for One year.

(2.) Prosecution story, in brief, was that on 6-11-1985, a report was made by the co-accused Prakash at the Police Station Itarsi that his elder brotherTs wife had sustained burns and was lying injured. The said person had informed that she had died of burns and a case of unnatural death (Merg No.48 of 1985) was registered vide Ex. P 13. On receipt of this information the SubInspector of Police Mahendra Sihgh Badgujar (PW1O) proceeded to the spot and prepared inquest report Ex. P2 in the presence of the witnesses. He forwarded the dead body for post-mortem examination under requisition Ex. P-lA and thereafter effected seizure of stove kerosene can controlled earth, bangle pieces and ash from the spot under seizure memo Ex. P4. PW 1 Dr. P.D. Agrawal conducted autopsy on the dead body of Latabai and gave his opinion that her death was due to shock on account of excessive burn injuries and was suicidal in nature. The doctor has confirmed the said opinion in his deposition, which has not been challenged.

(3.) In further investigation of the case, the Investigating Officer effected seizure of one inland letter said to have been written by the deceased to her brother Ashok. He on the basis of the said letter registered an offence under Ex. P14 and thereafter seized inland letter Ex. P. 7 said to have been written in Marathi by the deceased to Arjun and prepared seizure memo Ex. P11. The Investigating Officer also recorded the statements of Gomtibai and Arif Nazmi and after completion of investigation, filed charge-sheet against the present appellants and the other co-accused.