BALRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) LEARNED Single Judge C.K. Prasad J. in the course of hearing of this appeal of the accused persons against their conviction under Section 306 r/w Section 498 -A of IPC found that the legal question of applicability of the presumption under Section 113 -A of the Evidence Act against the husband on allegation of abetment of suicide by a woman not legally married to him is a question of law of importance. He has, therefore, referred that legal question for decision by a larger Bench and that is how on the orders of Hon'ble the Chief Justice, the said question referred by Single Judge has been placed before us for consideration and decision.

(2.) AT the outset, we may state that we are confining our decision to a purely legal question posed to us and leave the matter for decision on merits by the appropriate single Bench on the basis of opinion expressed by us.

(3.) THE provision which has come -up for consideration and interpretation before us is Section 113 -A of the Evidence Act reads as under : - -