LAXMAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants have been convicted under Section 306/34 I.P.C. and sentenced to rigorous imprisonment for 7 years by the learned Addl. District and Sessions Judge, Araria in Sessions Case No. 383/91, S.T. No. 121/93 by the judgment dated 31.1.1994.

(2.) The prosecution case is that the informant's sister was married to the appellant no.1 about 10 years ago but he performed the second marriage with the appellant no.2 and used to variously assault her on account of which finally the deceased lost her life.

(3.) The case was initially instituted under Section 302/34 but charge was framed both under Sections 302/34 I.P.C. and 306/34 I.P.C. since the doctor was of the opinion that death was suicidal. Since there was no direct evidence against the appellants for having caused the death of the deceased, the appellants were acquitted of charges under Section 302/34 I.P.C but were held to have abetted the suicide of the deceased.