MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant challenging the judgment dated 30.5.1995 passed by the learned Addl. Sessions Judge No. 2, Chittorgarh whereby the appellant was convicted for the offence under Section 306 I.P.C. and sentenced to three years R.I. with a fine of Rs. 2000/-, in default of payment of fine to undergo six months' imprisonment.

(2.) Succinctly stated the facts of the case are that the appellant was married to Smt. Manju in the year 1980. Smt. Manju committed suicide at her matrimonial home on 28.3.1994 by hanging herself from a noose. The appellant was working as a teacher in the Government School and after coming back from the school, he found that the door of his house was closed from inside and no sound was coming from therein. On seeing inside the room through a lattice, it was seen that Manju was hanging from a nose tied to the wooden support of the ceiling. He immediately rushed back to his school and called his Principal etc. who reached the scene of occurrence and thereafter the appellant gave an oral report at Police Station Bhesrodgarh about his wife having committed suicide. On this report proceeding No. 2/1994 was initiated under Section 174 Cr.P.C. The police officers as well as the Executive Magistrate reached the scene of occurrence. The body of Manju was taken down and thereafter subjected to postmortem and it was found that she had committed suicide by hanging.

(3.) The S.H.O. Bhesrodgarh registered an F.I.R. No. 23/1994 against the appellant at the Police Station on 4.4.1994 for the offence under Section 306 I.P.C. based on the enquiry made from the maternal relatives of the deceased. At the conclusion of the investigation, the police filed a charge sheet against the appellant for the offence under Section 306 I.P.C. The case was committed to the Court of Addl. Sessions Judge No. 2, Chittorgarh. The learned Addl. Sessions Judge No. 2, Chittorgarh framed a charge against the appellant for the offence under Section 306 I.P.C. The appellant pleaded not guilty and claimed trial. The prosecution examined 14 witnesses in support of its case. The appellant in his statement recorded under Section 313 Cr.P.C. denied the allegations of the prosecution and examined four witnesses in his defence. The learned trial Judge vide judgment under challenge proceeded to convict the appellant for the offence under Section 306 I.P.C. and sentenced him to three years R.l. and a fine of Rs. 2000/-. Hence, this appeal.