STATE Vs. BHASKAR

JUDGEMENT

(1.) Present appeal has been filed by the State challenging the judgment dated 13th August, 2018 passed by learned Additional Sessions Judge-04 (Central) Tis Hazari Courts, Delhi in Sessions Case No.28303/2016 arising from FIR No.126/2008 registered with police station Prasad Nagar under Sections 498A/304B/201/34 of the Indian Penal Code (hereinafter referred to as "IPC") whereunder all the respondents i.e. respondent No.1(husband of the deceased) and respondents No.2 and 3 (brothers-in-law of the deceased) had been acquitted on the ground that none of the Sections under which charges had been framed against them for death of Ms. Bhawna @ Pinky, had been established by the prosecution beyond reasonable doubt.

(2.) Ms. Aashaa Tiwari, learned APP for the State states that the learned Additional Sessions Judge failed to take into consideration the subsequent opinion/report dated 12th August, 2016 submitted by Dr. Amandeep Kaur, Assistant Professor, Department of Forensic Medicine, Maulana Azad Medical College and Lok Nayak Hospital, New Delhi, wherein she had stated as under:-

(3.) Learned APP points out that the deceased's sister had deposed that when she reached the deceased's house on the date of the incident, she found foul smell coming from her clothes and one bandage was tied on her arm which the deceased's sister-in-law ascribed to a mosquito bite. The sister of the deceased had further stated that the deceased while being removed to the hospital had taken out four fingers and gesticulated that she had been given something in the forearm.