LAWS(MPH)-1998-3-58

RAMESHWAR Vs. STATE OF M.P.

Decided On March 23, 1998
RAMESHWAR Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) APPELLANT Rameshwar has been convicted under section 306 Indian Penal Code for abetting the commission of suicide by his wife and he has been sentenced to rigorous imprisonment for five years.

(2.) IT is not in dispute that deceased Tulsibai was wife of accused Rameshwar. They were married more then seven years prior to the commission of suicide by the wife by hanging herself in her house in village Gorakhpur, police station Bajag, District Mandla.

(3.) IN this appeal it is argued on behalf of the appellant that section 113A of the Evidence Act cannot be pressed into service as marriage had taken place more than seven years ago. It is also pointed out that the evidence on record is not sufficient to hold that the accused abetted the commission of suicide by his wife.