A.K. Shrivastava, J.-

This appeal has been preferred by the appellants assailing their judgment of conviction and order of sentence dated 31.10.2001 passed by learned 5th Additional Sessions Judge, Gwalior in S.T. No. 56/2001, whereby they have been convicted under Section 306 IPC and sentenced to suffer RI of five years and fine of Rs. 2,500 each, in default of payment of fine, further RI of three months.

2. In brief the case of prosecution is that on 2.9.2000 at 1 p.m. in the afternoon Laxminarayan Kushwah came to Police Sta­tion Madhoganj and informed that in his house the accused persons are tenants and the wife of accused Bala Rao, namely, Kiran (hereinafter referred to as 'the deceased') has put her life to an end by hanging her­self on the ceiling fan. This he saw by peep­ing from the window. The said report was registered as Marg Intimation Report un­der Section 174, Cr.P.C. The investigating agency came to the spot, opened the door and recovered the dead body of the deceased which was holding a note-book. After pre­paring necessary Panchnama, dead body was sent for post-mortem. The investigat­ing agency prepared spot map and investi­gated the matter.

3. After the in