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Shiv Kumar @ Shiva & Anr. vs. State

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Penal Code, 1860–Secs. 304-B & 498-A–Conviction–Sustainable against whom and proper Section–Evidence of prosecution revealing that the expenses of marriage were borne by accused G–Fact of holding panchayat and counselling the accused S is found false–Deceased committed suicide–No evidence on record to prove the fact of demand of motor-cycle and Rs. one lakh–Appellant S was carrying a niggling suspicion over the deceased having conceived outside the wed look and he was pressuring her to go under the medical tests–Hype created by the appellant S was not substantiated by any positive material and merely appears to be a congectural creation to the suspicious state–Deceased was instigated to end her life by hanging in the matrimonial home–Held, appellant S is liable to be convicted u/s. 306 instead of Sec. 304-B–Other two appellants are entitled to be acquitted.