G.S.Ahluwalia, J. - (1.)This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 19-5-1999 passed by 1st A.S.J., Dewas in S.T. No. 85/1996, by which the appellant has been convicted under Section 306 of I.P.C. and has been sentenced to undergo the rigorous imprisonment of 5 years and a fine of Rs. 100/- with default imprisonment.
(2.)The necessary facts for the disposal of the present appeal in short are that the appellant had abetted his wife, Smt. Sangeeta Bai to commit suicide and accordingly, She committed suicide on 27-2- 1995 by setting herself ablaze. According to the prosecution, the appellant had performed love marriage with the deceased, therefore, he was residing separately with the deceased and there used to be some dispute between the appellant and the deceased as the deceased was apprehending that the appellant has extra marital ties and accordingly on the date of incident, the appellant instigated the deceased to commit suicide by saying that "the deceased is not related to him and she should die and accordingly brought a kerosene oil stove and kept it in front of the deceased". Accordingly, the deceased committed suicide by setting herself on fire. The deceased was taken to the hospital, where dying declaration was recorded by the Doctor. Intimation to the police was given by the Doctor. The postmortem of the dead body of the deceased was conducted on 28-2-1995. The statements of the witnesses were recorded and after completing the investigation, the police filed the charge sheet against the appellant for offence under Section 306 of I.P.C.
(3.)The Trial Court by order dated 18-1-1997 framed charge under Section 306 of I.P.C.