V.K.AGRAWAL, J. - (1.)THE accused/appellant stands convicted under section 306 of I.P.C. for having abetted the commission of suicide by deceased Gopal Das and is sentenced to undergo R.I. for five years and to pay fine of Rs. 250/ - (Two hundred and fifty), by judgment dt. 1.9.1997 in ST. No. 95/97 by Additional Sessions Judge, Sakti.
(2.)DECEASED Gopal Das and his wife Devkibai (P.W.5) belong to Bairagi community and were pojaris of temple of Lord Shiv situate at 'Bade Kate Koni', Police Station Dabra. The said temple belongs to the family of accused/appellant. The deceased alongwith his wife Devkibai (P.W.5) had started living separately from his father Jagatdas (P.W. 12) from about a fortnight before the incident. The accused/appellant was a friend of deceased Goapl Das and was on visiting terms with him.
The prosecution case stated in brief is that deceased was a Mechanic and used to go out of village frequently. On 18.11.96 while the deceased Gopal Das had gone out and his wife Devkibai (P.W.5) Was alone in her house at night, the accused/appellant came inside the house. The house was locked from inside by him In the meanwhile the deceased Gopal Das returned back and asked his wife to open the door. She however did not do so. The deceased knocked and pushed the door and opened it. The accused/appellant who was inside the house came out of the house and escaped. The deceased complained of this incident to other villagers.

(3.)THE prosecution case further is that the deceased Gopal Das entertained suspicion about the illicit relationship between the accused/appellant and his wife Devkibai (P.W.5). On 3.12.96 the deceased came back from work. He brought a tin of some pesticide. He said to his wife Devkibai (P.W.5) that he had consumed the contents of the tin and she also should consume the remaining contents of the tin. He thrusted the contents in the mouth of Devkibai (P.W.5). However Devkibai (P.W.5) did not consume the contents of the tin. Thereafter the deceased fell down and died. Devkibai (P.W.5) informed her father -in -law Jagatdas (P.W.12) as also other persons about the said incident. Jagatdas (P.W. 12) the father of deceased reported to the police about the incident, which was recorded as merg intimation (Ex.P. 13). The police during enquiry prepared inquest report (Ex.P -2) on the dead body of Gopal Das. The body was sent for postmortem examination. Dr. N.P. Mishra (P.W.10) conducted postmortem examination. According to him the death was caused on account of asphyxia due to poisonous substance. Postmortem report is (Ex.P. 11). The written notes by way of dying declarations, marked as Article A and B were seized from the person of deceased. After concluding investigation, chargesheet was filed against the accused/appellant by Police Dabra, District Bilaspur.