RAM KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10-3-87 of the Sessions Judge, East Nimar, Khandwa, whereby, in Sessions Trial No. 105 of 1985, arising out of Crime No. 34 dated 8-2-1985, Police Station Harsood, District Khandwa, appellant Ramkumar was convicted of abeting suicide by his wife Bimla Bai on the night between 13-1-1985 and 14-1-1985, punishable under S. 306, IPC and sentenced to R.I. for 4 years and a fine of Rs. 1000/- and in default of fine, further R.I. for six months.

(2.) The trial Court found that the appellant and the deceased were married 20 years back when the deceased Bimla Bai committed suicide. The appellant had been treating her with cruelty, in so far as he ordered her to leave the house and threatened to kill her unless she agree to divorce him. He restrained her from taking any produce of the land for herself from the field. So, she consumed poison (A poisonous medicine used for spraying on the cotton crop). She died, She was thus abetted by cruel treatment of the appellant-husband to kill herself, Bimal Bai was aged about 40 years. The couple had two sons Vinod Kumar, aged about 22 years to 24 years and Pradeep Kumar, aged about 19/20 years. She died a day before Sankranti. The couple had been married in the year 1960. They had been living together thereafter. Differences erupted between them since the year 1980. Ramkumar wanted to divorce Bimla Bai but she was opposing. So Ramkumar started beating and otherwise harassing her. She informed her brother Murlidhar at Poona about it. In the year 1981, she along with her younger son Pradeep Kumar went from Indore to Poona and started living there. But in the year 1983, her elder son Vinod Kumar brought her back to live with them in the ancestral house. Ramkumar still continued to press her for divorce. In the year 1984, Narmada Prasad, elder brother of Ramkumar-accused, called Bimla Bai and her son to Mhow and asked them to look after the agricultural land in Sonpura. He sent them to Sonpura. Bimla Bai had apprised Narmada Prasad about the conduct of Ramkumar and that he was clamouring for divorce. Ramkumar went to Sonpura and threatened Bimla Bai to get out of the house and again pressed her for divorce. She informed her brother Murlidhar about it. On 11th January, 1985, Ramesh, younger brother of Ramkumar, sent his servant Prahlad to Sonpura to fetch the produce. Vinod asked him not to do so. There was dispute and Ramesh lodged a report at Police Station, Harsood. Faced with these circumstances, Bimla Bai consumed poison on the night of 13th January, 1985 and died. The deceased had written a suicide Note Ex. P-11, which was found under her pillow. Before her death and at the time of dispute between her son and her brother-in-law, Ramesh, the police officer, Incharge of Police Station, Harsood, recorded her statement which is Ex. P-31). A number of letters written by the deceased to her brother Murlidhar (Ex. P-9 and Ex. P-12) were proved on record. Similarly, number of letters written by Vinod Kumar, son of deceased Bimla Bai, to his maternal uncle-Murlidhar have been proved on record as Ex. P-17, Ex. P-18, Ex. P-19, Ex. P-20 and Ex. P-21.

(3.) The case set-up by the accused-appellant was that the deceased had left his house and gone to Poona to live with her brother Murlidhar who was asking for Rs. 40,000/- from him, but he was not obliging Murlidhar about it. Bimla Bai was not returning with him inspite of number of requests made by him to her. So he threatened to divorce if she does not return. His case is that he has been falsely implicated at the instance of Murlidhar.