RAJESH KUMAR Vs. STATE OF CHHATTISH GARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 22-7-2004 passed by the Sessions Judge, Durg in Sessions Trial No. 169/2003. By the impugned judgment, appellant/accused Rajesh Kumar has Deen convicted under Section 306 of the IPC and sentenced to undergo rigorous imprisonment for 3 years and to pay fine of Rs.50/-, n default of payment of fine, to further undergo rigorous imprisonment for 3 months. Learned Sessions Judge acquitted co-accused Smt. Shanti Bai, Smt. Godavari Bai and Smt. Rupa Bai of the charges framed against them.

(2.) Case of the prosecution, in brief, is as under:-

(3.) Shri N.S.Dhurandhar, learned counsel for the appellant, argued that Badrinath (PW-1) and Jeevanlal (PW-2) are father and brother of the deceased, respectively, therefore, they are highly interested witnesses. The prosecution failed to prove that the deceased was abetted or instigated by the appellant. There is no evidence which could indicate that the appellant abetted or instigated the deceased. It is also not proved that due to abetment or instigation by the appellant, the deceased committed suicide. The evidence in this respect is wholly insufficient to convict the appellant under Section 306 of the IPC. The prosecution has utterly failed to prove the ingredients of Sections 107 and 306 IPC. Therefore, the appellant deserves to be acquitted of the charge framed against him. Learned counsel for the appellant placed reliance on Nihaluddin alias Munna v. State of C.G., 2012 2 CgLJ 222 and Deepak v. State of Madhya Pradesh, 1994 CrLJ 767.