STATE OF CHHATTISGARH Vs. ANITA

JUDGEMENT

(1.) In this appeal the appellant State has assailed the judgment of acquittal dated 4.3.2005 passed by the 1st Additional Sessions Judge, Bilaspur (CG) in Sessions Trial No.427/03 acquitting the respondents herein of the charges under Sections 306, 304(B), 498A, 34 of the Indian Penal Code (for short 'the IPC').

(2.) As per prosecution case, marriage of respondent No.2 herein was solemnized with deceased Sangeeta on 11.2.2000 and she died on 7.10.2003 at her matrimonial home in suspicious circumstances. Enquiry was conducted by the police and it was found that the deceased was subjected to cruelty by her husband and his relatives for demand of dowry. After enquiry, FIR (Ex.P-11) was registered against the respondents herein on 10.1.2003 under Sections 498A and 306/34 IPC. On completion of investigation, charge sheet was filed against them under the aforesaid sections, however, the Court below framed the charges under Sections 498A, 304B and 306 of IPC. So as to hold the accused/respondents guilty, the prosecution has examined 9 witnesses. Statements of the accused/respondents were also recorded under Section 313 of the Code of Criminal Procedure, 1973 in which they denied the charges levelled against them and pleaded their innocence and false implication in the case. They have also examined one defence witness namely Surendra Sharma (DW-1).

(3.) After hearing counsel for the parties and considering the material available on record, the trial Court by the impugned judgment, acquitted accused/ respondents of the charges levelled against them. Hence this acquittal appeal by the State.