STATE Vs. NARESH & ORS

JUDGEMENT

(1.) This Appeal is directed against the judgment of the learned Additional Sessions Judge dated 17.12.2011 in Sessions Case No.82A/2011 acquitting the Respondents Naresh, Suresh, Nirmala, Niyadher Singh and Harnandi for the offences punishable under Section 498A IPC and 304B read with Section 34 IPC. Aggrieved by the aforesaid judgment, the State has preferred the present Appeal.

(2.) Facts and circumstances giving rise to the Appeal are that on 28.5.2005, on receipt of DD No.14A, ASI Ishwar Dutt (PW11) reached All India Institute of Medical Sciences (AIIMS) where the deceased (Hema) was admitted and was being given treatment. The deceased was declared unfit for statement by the doctors.

(3.) On 30.5.2005 at 2.35 pm, information of the death of Hema was received in PS Sarojini Nagar and the same was recorded in DD No. 17A (Ex.PW4/A). ASI Ishwar Dutt (PW11) reached AIIMS and informed the SHO and the SDM. The SDM Sh. R. Chopra (PW8) conducted inquest proceedings and sent the dead body for postmortem. ASI Ishwar Dutt (PW11) recorded the statement of Smt. Rajrani (PW3) as Ex. PW3/A in the presence of the SDM Sh. R. Chopra who made endorsement Ex.PW8/C thereon. Thereafter, ASI Ishwar Dutt (PW11) scribed tehrir Ex.PW11/A and got registered FIR No.266/05 - Ex.PW6/A, under Sections 498A/304B/34 IPC. Post-mortem of the dead body of the deceased was conducted and Inspector Ashok Kumar (PW12) who conducted the investigation directed that viscera with sample seal collected by ASI Ishwar Dutt (PW11) be sent for chemical analysis. On receipt of Viscera Analysis Report, the Autopsy Surgeon PW1, Dr.Arvind Kumar gave subsequent opinion that the cause of death in the case was: