(1.) Ashok Kumar appellant stands convicted and sentenced to ten years' rigorous imprisonment and a fine of Rs. 1000/- or in default of payment of fine, to further R.I. for six months under S.306, Indian Penal Code ; and to three months' R.I. and a fine of Rs. 200/- or in case of default of payment of fine, to further R.I. for one month, under S.498.A, I.P.C. for abetting his wife Smt. Kiran Bala to commit suicide. He was tried along with Rajinder Kumar and Nirmala, his maternal uncle and aunt respectively and his mother Smt. Lajo Devi. As a result of the trial, the learned Sessions Judge, Ferozepur, found that so far as the latter three were concerned, their false implication could not be ruled out. Thus they were given the benefit of doubt. So far as the appellant is concerned, his conclusion was as follows : - "So far as Ashok Kumar accused is concerned, I am of the considered view that it was he who abetted Kiran Bala to commit suicide and subjected her to cruelty as presumption with regard to abetment of suicide by Kiran Bala is to be drawn in view of the provisions of S.113.A of Evidence Act, as she committed suicide within a period of seven years (months?) from the date of her marriage with Ashok Kumar accused and as such I hold him guilty for offences punishable under Ss. 306 and 498.A of Indian Penal Code and convict him thereunder."
(2.) Briefly the facts as available on the record are as follows
(3.) The appellant was married to Kiran Bala deceased on May 4, 1984 and since the marriage they were residing at Abohar in the house of Rajinder Kumar, the maternal uncle of the appellant, as tenants. Rajinder Kumar and Nirmala also lived in the same very house though in a different portion. Lajo Devi, mother of the appellant, was concededly living at Ferozepur.