STATE OF MADHYA PRADESH Vs. DULICHANDRA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 15.3.1997 passed by the IV Additional Sessions Judge, Chhatarpur in S.T. No. 40/94, whereby the respondents have been acquitted from the charge punishable under Sections 498A, 306 of the Indian Penal Code. The facts and the events leading to the present appeal are that on 2.5.1993, Jagannath and his son Rakesh went to the field and deceased Urmila and her mother-in-law were at their home. At about 11 a.m., Bhagwandas Dixit informed Jagannath that Urmila had committed suicide by jumping into the well along with her daughter. He came to village and found that Urmila and her daughter had died in the well. Thereafter, Jagannath went to police station Ishanager and lodged Merg intimation (Ex. P/11). Police conducted inquest, investigation and recorded the statements of witnesses. After investigation, police found that the deceased was subjected to cruelty and harassment by the respondents/accused, therefore, deceased committed the suicide along with her daughter. The Police registered a crime No. 41/93 (Ex. P/14) against the respondents/accused, prepared the Naksha Panchnama Ex. P/4 and seizure memo Ex. P/5. The dead bodies of deceased Urmila and her daughter were sent to hospital for post-mortem examination and the accused were arrested and charge-sheet was filed against the respondents.

(2.) The learned Additional Sessions Judge, Chhatarpur framed the charges against the respondents under Sections 306 and 498A of the IPC. The respondents pleaded not guilty to the charge.

(3.) To substantiate the charges levelled against the respondents, the prosecution examined 11 witnesses as mentioned below: