( 1 ) THE appellant Raju alias Rajendra Prasad has preferred this appeal against the conviction and sentence passed by Additional Sessions Judge, Agar in S. T. No. 60/92 convicting and sentencing the appellant for the offence under Section 306 of the IPC, R. I. for 4 years with fine of Rs. 100/- in default S. I. for 15 days.

( 2 ) THE Police of Police Station, Agar Distt. Shajapur filed a charge-sheet against the appellant and one another co-accused Shri Ram (who expired during the course of trial) for offences under Sections 498-A, 506, 306 and 304-B of I. P. C.

( 3 ) THE prosecution case in short was that deceased Manjula Bai was married before six to seven months from the date of incident i. e. 19-7-90 at 4. 00 p. m. After marriage, she was ill-treated by appellant oftenly, after consuming liquor without any reason. The appellant also used to beat her. On 19-7-90 she was beaten by the appellant and also instigated her for commission of suicide.

( 4 ) THE deceased was taken to the Hospital where her report Dehatinalishi Ex. P/7 and dying declaration Ex. P/13 was recorded by Investigating Officer and Naib Tehsildar PW/9 respectively. The deceased was initially med