RAVI SHA Vs. STATE

JUDGEMENT

(1.) This appeal is filed by the first accused in the case namely, Ravi sha, who is the husband of the victim in this case.

(2.) The gist of the allegations of the case of the prosecution is that one Shanthi Bai and the appellant herein got married on 4/9/1987. On 13/9/1989, the said Shanthi Bai died under abnormal circumstances and after the Post Mortem and Viscera Analysis, it was found that she died due to cyanide poisoning. Therefore, the case was registered in a Crime No.2030 of 1989 and P.W.17 took up the case for investigation and filed a final report holding that the appellant herein the husband and two other accused namely the parents of the accused and the in-laws of the victim one Narayansha and Gangabai as guilty for the offences under Ss. 498-A and 302 r/w Sec. 34 of IPC.

(3.) After committal, the case was taken on file as S.C.No.164 of 1990, since the accused denied the charges and stood trial, the prosecution examined P.W.1 to P.W.17 and marked Exs.P-1 to P-17. Upon being questioned about the material evidence and incriminating circumstances on record, the accused denied the same as false and thereafter the trial Court proceeded to hear the learned Assistant Public Prosecutor and the counsel for the appellant/accused and by the Judgment dtd. 18/12/1991 while convicting all the three accused for the offense under Sec. 498 (A) IPC acquitted them for the offence under Sec. 302 of IPC.