STATE OF CHHATTISGARH Vs. DASHRATH YADAV

JUDGEMENT

(1.) The present criminal miscellaneous petition has been filed seeking leave to appeal against the judgment of acquittal dtd. 6/10/2015 passed by the Court of Sessions Judge, Rajnandgaon in Sessions Trial No.84 of 2014.

(2.) By way of the impugned judgment, the Court below, in a case where the Respondent/accused was prosecuted for the offence under Sec. 306 IPC, has found that the prosecution has not been able to establish its case beyond reasonable doubt and has granted the order of acquittal in favour of the Respondent/accused.

(3.) Learned Counsel for the State/Petitioner assailing the said impugned judgment submits that though the prosecution witnesses have not supported the case of the prosecution and all these witnesses have turned hostile, the Court below ought to have taken into consideration the dying declaration which was recorded while the deceased was under treatment in the hospital, wherein she has categorically stated that the Respondent/accused used to abuse and also used to assault her under the regular influence of alcohol and that on one occasion he had also asked her, why she does not end her life. This aspect ought to have been taken into consideration by the Court below and the dying declaration itself was a sufficient piece of evidence brought before the Court below by the prosecution as proof to establish the offence under Sec. 306 IPC against the Respondent/accused.