( 1 ) APPELLANT-RAMESH Patil has been convicted under S. 306, I. P. C. for abetting the commission of suicide by his wife and sentenced to rigorous imprisonment for seven years and to a fine of Rs. 5000/ -.

( 2 ) IT is not in dispute that deceased-Aruna whose parents had died earlier was married to accused-Ramesh Patil in the year 1991 after the death of his first wife. They had a son aged about 11/2 years. On 28-11-1994 Aruna sustained extensive burn injuries. There were 55% burns on her body. She died on 4-12-1994 in Burhanpur Government Hospital.

( 3 ) THE prosecution case is that the accused was treating his wife Aruna with cruelty. He used to beat hear. On the date of incident he assaulted her with a stick. She wanted to go to the house of her brother in village Bhita and the accused did not allow her to go there. She was so much terrified that she brought an end to her life by pouring kerosene on her and setting her on fire. Thus the accused abetted the commission of suicide by her.

( 4 ) THE accused pleaded not guilty. His defence is that Aruna was a "mentally ill" person and she sustained burn injuries while cooking food.

( 5 ) THE trial Court mainly relying