STATE OF CHHATTISGARH Vs. BHAGABAI

JUDGEMENT

(1.) The present Acquittal Appeal has been preferred by the Appellant/State against the judgment dtd. 17/2/2014 passed by the First Additional Session Judge, Durg in Sessions Case No.97/2010, whereby, the respondent/accused was acquitted of the charge under Sec. 306 of the IPC for abetting her daughter-in-law (deceased ' Pratibha Singh Thakur) to commit suicide.

(2.) Prosecution case, in short, is that marriage of the deceased was solemnized with son of the respondent on 23/6/2007. It is admitted position that the respondent is a teacher and deceased was an educated woman. On 3/1/2009, the deceased committed suicide by hanging herself by using Chunari in her matrimonial house. After the incident, father-in-law of the deceased namely, Ashwini Kumar Thakur has lodged Merg intimation at Police Station Mohan Nagar, Durg vide Ex.P-1. Thereafter, spot map was prepared by Patwari vide Ex.P-2. After issuing the notice vide Ex.P-3, death inquest was conducted vide Ex.P-4. The deceased has also left the suicide note which was written in the diary seized as Article-A. One mobile, one dot pen and broken bolt of the door were also seized from the spot vide Ex.P-5. The dead body of the deceased was subjected to postmortem and vide PM report (Ex.P-16), cause of death was opined to be 'asphyxia due to hanging'. Statements of the witnesses were recorded and FIR was registered against the accused on 6/1/2009 vide Ex.P-10.

(3.) After completion of investigation, charge-sheet was filed against the accused for the offence under Sec. 306 of the IPC. The accused abjured his guilt and claimed to be tried. In the statement recorded under Sec. 313 Cr.P.C., she took the plea that she is innocent and has been falsely implicated.