BALRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants Balram and Maharani have been convicted under Ss. 306 and 498-A, I.P.C. and sentenced to rigorous imprisonment for ten years and three years respectively. They have also been sentenced to pay a fine of Rs. 500/- each for the offences under Ss. 306 and 498-A, I.P.C.

(2.) Deceased Kalanbai was second wife of appellant Balram. This marriage took place five years before the death of Kalanbai. She committed suicide by setting her ablaze on 26-3-1987 in the house of her husband. Appellant Maharani is his mother. Rambatibai (P.W. 10) is first wife of appellant Balram. She has remarried Kaluram and she is living with him. These facts are not in dispute.

(3.) This case was referred to the Division Bench on a question of law. That was whether S. 113-A of the Evidence Act is attracted where the wife who has committed suicide was not "legally married". It has been answered in the affirmative.