STATE Vs. MANOJ

JUDGEMENT

(1.) THE State, by the present petition seeks leave to appeal against a judgment and order of the learned Addl. Sessions Judge dated 24.07.2010, whereby the respondents were acquitted of the charges of having committed offence punishable under Sections 498A/304B/406/34 IPC. THE prosecution case was that Manoj (the son of the other two respondents ? Revti Prasad Sharma and Munni Devi) had married Hemlata @ Dolly on 30.11.2000. It was alleged that soon after the marriage and right upto the date of incident, i.e. 16.06.2004, Hemlata was ill-treated and subjected to cruelty. THE prosecution also alleged that Hemlata was subjected to such cruelty before 16.06.2004, when she died. Initially, the charges were framed for offences under Sections 498A/34 IPC. Subsequently, the Trial Court amended the charges on 21.03.2006, and included the charges of the respondents having committed offence punishable under Section 304B IPC.

(2.) HEMLATA's death was caused by Asphyxia as a result of hanging. The respondents/accused denied the charge and claimed trial. The prosecution examined about 14 witnesses and also relied on several material objects and articles. During the trial, it was proved ? by the Post Mortem Doctor that the death in this case was resulted as a consequence of ligature injuries which could have been homicidal in nature. After considering the materials and the testimonies of witnesses, who deposed before it, the Trial Court acquitted the respondents. The State, therefore, seeks leave to appeal.

(3.) WE have carefully considered the submissions and have also gone through the Trial Court records, which were requisitioned for these proceedings. The Trial Court has, by elaborate reasoning, discussed threadbare, materials and evidence led before it and discerned several discrepancies which, in its opinion, weakened the prosecution story, which could not have measured to the standard of proof beyond reasonable doubt. Some of the aspects commented upon by the Trial Court are as follows: