M.A.A. Khan, J. - (1.) This appeal from jail was filed by the Superintendent, Central Jail, Jaipur, Rajasthan for and on behalf of Hari Singh, appellant against the, Judgment and order dated 15.5.95 made by the Addl. Sessions Judge, Kishangarh Bas, Alwar, in Sessions Case No. 65/94 under Section 306 498A IPC. By his said judgment and order the learned trial Judge had held the appellant guilty of the offences under Section 306 and 498A IPC and convicted him as such. He sentenced the appellant to 3 years R.I. and fine of Rs. 5000/- for offence under Section 498A IPC and to 10 years R.I. and a fine of Rs. 10,000/- for offence under Section 306 IPC. Both the substantive sentences under the two offences were directed to run concurrently.
(2.) The relevant facts sufficient for disposal of the present appeal are these : On January 27, 1994 at about 5.00 p.m. Suresh reported to the police officers at P.S. Tijara that his sister Ramkalan had committed suicide in a Chapper near a well known Khajurwalan. On this information a report under Section 174 Cr.PC. was registered at the said police station by PW 5 Rohitash ASI PO. Tijara. He left for the place of incident and commenced proceedings under Section 174/176 Cr.PC. in the course of such proceedings, after examining Suresh, the informant and several other persons of the locality, Rohitash ASI came to know that having fed up with the domestic dispute and quarrel between her father, the present appellant, and her mother P.W. 1 Smt. Laxmi, aged 55 years, Kum. Ramkalan, aged about 23 years, had committed suicide. When PW 15 Rohitash ASI was still busy with the proceedings under Section 174/176 Cr.P.C. PW 3 Arjun Singh, who was the maternal uncle of the deceased and was then posted as a Constable at Police Station in Alwar City, submitted a written report to PW 16 Sh. Chandrapal Singh, SHO, PS. Tijara. In such a report (Ex.P 1) Arjun Singh had reported that his sister Smt. Laxmi Devi was married with the appellant about 30 years back and that the wedlock given them six children, including Ramkalan, deceased; that the eldest daughter was got married in the year 1984 but the appellant was not arranging marriage of Ramkalan deceased instead used to beat her mother Smt. Laxmi Bai; that the deceased and her mother Laxmi Bai were fed up with the behaviour of the appellant and in that respect the informant had lodged a report against the appellant on 28.11.93 wherein he was arrested under Section 151 Cr.PC. and after having remained in Jail when he came back to his house. He again behaved with the deceased and her mother in the same manner whereupon again the informant filed a report against the appellant on 26.12.93. PW 3 Arjun Singh thus alleged in his report that the appellant had contributed to the unnatural death of the deceased and had infect instigated her to commit suicide On the basis of this report Crime No. 23/94 under Section 306 IPC was registered against the appellant and investigation was commenced by PW 14 Jeevan Singh and PW 16 Chandrapal Singh, SHO.
(3.) After having completed the investigation the police came to the conclusion that the appellant used to treat Smt. Laxmi Bai and the deceased with cruelty and that it was due to cruel behaviour of the appellant that Kum. Ramkalan had committed suicide. A report under Section 173 Cr.P.C. was accordingly submitted by the police in this case.;