LAWS(CHH)-2019-1-8

STATE OF CHHATTISGARH, THROUGH INCHARGE POLICE STATION KATGHORA Vs. JAMUNA PRASAD SAHU, S/O SAMAYRAM SAHULABIC

Decided On January 02, 2019
State Of Chhattisgarh, Through Incharge Police Station Katghora Appellant
V/S
Jamuna Prasad Sahu, S/O Samayram Sahulabic Respondents

JUDGEMENT

(1.) This acquittal appeal is preferred under Section 378 (3) of the Code of Criminal Procedure, 1973 against judgment dated 13.03.2018 passed by Additional Judge to the court of Additional Sessions Judge, Katghora, District- Korba (C.G.) in Session Trial No. 16/2017, wherein the said court acquitted both the respondents for commission of offence under Section 306 of IPC, 1860.

(2.) As per version of the prosecution, respondent No. 1- Jamuna Prasad Sahu harassed and tortured telephonically to the deceased namely Nandani Jaiswal. Again, respondent No. 2 - Dipika Sahu harassed by using abusive language against her due to which the deceased committed suicide by way of pouring kerosene on her body and set ablaze herself. Matter was reported and investigated and after completion of trial, the trial court acquitted both the respondents as mentioned above.

(3.) Learned counsel for the State/ appellant submits that there is dying declaration against both the respondents and other corroborative piece of evidence, but the trial court overlooked the same and recorded finding of acquittal contrary to the facts and legal aspect of the matter.