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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 1115 of 1999

PETITIONER:

Kishori Lal

RESPONDENT:

State of M.P

DATE OF JUDGMENT: 19/06/2007

BENCH:

Dr. ARIJIT PASAYAT & D.K. JAIN

JUDGMENT:

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. Challenge in this appeal is to the order passed by the

learned Single Judge of the Madhya Pradesh High Court,

dismissing the appeal filed by the appellant questioning his

conviction under Section 306 of the Indian Penal Code, 1860

(in short ’IPC’) and sentencing him to undergo RI for five years.

2. The background facts in a nutshell are as follows:

Appellant was married to Rajkumari (hereinafter referred

to as the ’deceased’). On 31.8.1982 she committed suicide. On

the basis of information lodged by the accused investigation

was undertaken. The accused was arrested for allegedly

having abetted deceased to commit suicide on 31.8.1982.

According to the prosecution in the evening of 31.8.1982 the

accused left for his duty leaving the deceased in the house. In

the evening when he reached the house the room was found

closed from inside and the deceased did not respond to his call

for