Basant Vs. State of M.P.

- indian penal code, 1890.section 306 :[dalveer bhandari & harjit singh bedi,jj] abetment of suicide deceased, a married woman, committed suicide - allegation of abetment of suicide against appellant husband and in-laws - ocular evidence was sketchy - dying declaration recorded by tahsildar completely exonerated all accused in-laws of any misconduct dispelling any suspicion as to their involvement - letter of threat allegedly written by appellant to father of victim was concocted piece of evidence held, though presumption against appellant can be raised, it cannot be said that onus shifts exclusively and heavily on him to prove his innocence. conviction of appellant is liable to be set aside. - the police had filed a charge-sheet under section 307, ipc against jaswantabai on the ground that she jumped into the well with her two minor child ren.s.p. khare, j.1. appellant basant has been convicted under section 498a, indian penal code for treating his wife jaswantabai with cruelty and he has been sentenced to rigorous imprisonment for three years and to a fine of rs. 1,000/-.2. smt. jaswantabai and appellant basant have filed a petition stating therein that they want to compromise this matter. section 498a, ipc is non-compoundable and, therefore, permission to compound the offence cannot be given.3. on a perusal of judgment of the trial court it is found that it is wholly unsustainable. the police had filed a charge-sheet under section 307, ipc against jaswantabai on the ground that she jumped into the well with her two minor child ren. she has been acquitted of that charge. in this charge-sheet the husband was also impleaded as accused. the wife has not made any complaint against her husband. she has also not appeared as a witness against him. therefore, in the absence of any evidence regarding the cruelty to the wife by the husband, there can be no conviction under section 498a, indian penal code..4. this appeal is allowed. the conviction and sentence of appellant basant are set aside. the fine amount, if deposited, be refunded to the appellant.