STATE OF C.G. Vs. ANUP SHARMA

JUDGEMENT

(1.) Challenge in this acquittal appeal is to the judgment dated 27.12.2014 passed by Second Additional Sessions Judge, (for short 'the trial Court') Session Division Raipur, (CG) in Session Trial No. 128/2013 wherein the trial Court acquitted the respondent from the charges under Sections 304B, 306, 498-A in alternate Section 302 of the Indian Penal Code.

(2.) Facts giving rise to the instant appeal is that name of the deceased is Smt. Jyoti Vaishnav Sharma whose marriage was solemnized on 07.02013 with respondent Anup Sharma. It is alleged that the respondent demanded dowry from the deceased and told her that land belonging to her father be sold and money should be provided to him. With this reason, the respondent harassed the deceased and beat her. It is further alleged that the deceased cut vein of her wrist and wrote suicidal note. The deceased committed suicide on 03.4.2013. On the basis of the information given by the respondent enquiry was conducted under Section 174 of the Cr.PC and after enquiry FIR was registered by Assistant Sub Inspector of Police namely Arjun Barik. The matter was investigated and during investigation, statements of the witnesses under Section 161 of the Code of Criminal Procedure, 1973 (for short 'the Code') were recorded. Certain articles were seized and after investigation, charge sheet was filed against the respondent. The respondent pleaded innocence and thereafter the trial was conducted. After examination of the witnesses, statement of the respondent was recorded under Section 313 of the Code. After hearing the parties, the trial Court acquitted the respondent as aforementioned.

(3.) Learned counsel for the State submits as under: