HARBANS LAL,J. - (1.) THIS appeal has been directed against the judgment dated 28.1.1985 passed by the learned District and Sessions Judge, Jhunjhunu in Sessions Case No. 36/84 whereby the accused , appellant has been convicted for the offence Under Section 306 I.P.C. and has been sentenced to undergo R.I. for 3 years along with a fine of Rs. 50/ - in default of payment to undergo further R.I. for 1 month.
(2.) BRIEFLY stated that indictment as disclosed from the F.I.R. is that i the appellant was married to the deceased Bhateri d/o Mukanda Ram ; P.W. 4 and she committed physical and mental cruelty with her soon after her marriage by stating that she was not suitable for him and if she dies, he would be able to re -marry and as a result of this, she committed suicide by jumping into the well on the night intervening 21.6.1984 and 22.6.1984. Her father Mukanda Ram on being informed of the death of her daughter reported the matter in writing to the S.H.O., Police Station Khetadi and alleged that she was murdered by being thrown into well on the night of 21.6.1984. On the basis of this report, a F.I.R. No. 80/84 (Ex.P/10) was registered and after investigation, a challan was filed against the appellant for the offence Under Section 302 I.P.C. and the case was committed to Sessions Judge for trial. The trial court after hearing the charge 1 arguments and upon perusal of the police papers, framed charge under Section 306 I.P.C. against the appellant who pleaded not guilty and claimed to be tried. The prosecution examined 9 witnesses and got exhibited several documents to prove its case. In his examination Under Section 313 Cr.P.C, the accused once again denied the allegations against him. He did not examined any witness in his defence.
(3.) ON the conclusion of trial, the learned Sessions Judge after affording an opportunity of hearing to both the sides, passed the impugned judgment on 28.1.1985 as indicated above.;