JUDGMENT :

Appellant has filed this appeal against the judgment dated 27th July, 2004 passed by the IIIrd Additional Sessions Judge, Bhopal in Sessions Trial No. 325/03, convicting him under section 509 of the Indian Penal Code and sentencing him to simple imprisonment for one year with fine of Rs. 5,000/-.

2. In short, the prosecution case is that Anuradha Patwa (deceased) was neighbour of accused. According to her, accused used to tease her, he used to throw stones on her house after consuming liquor. About two months before, the present occurrence, he had beaten her husband also. When she lodged the report with the police, he increased his activities. On 16-10-2003 in the night again he pelted stones on her house after consuming liquor. Being annoyed and frustrated, Anuradha Patwa consumed poison. She was taken to hospital. When she recovered, she was brought back to her house, but on 19-10-2003, she died. On the report police registered the case under section 306 of the Indian Penal Code against the accused. After investigation charge-sheet was filed and the case was put up for trial.

3. Trial Court framed the charge under section 306 of the Indian Penal Code.

4. Prosecution examin