LAWS(MPH)-2012-8-172

STATE OF M P Vs. JAGAT SINGH

Decided On August 30, 2012
STATE OF M P Appellant
V/S
JAGAT SINGH Respondents

JUDGEMENT

(1.) THE appellant/State has preferred this appeal against the judgment dated 8.5.1998 passed by the Sessions Judge, Tikamgarh in S.T. No.136/97, whereby the respondent was acquitted from the charge of offence punishable under Section 306 of IPC.

(2.) THE prosecution's case in short is that the deceased Ramdevi was a 15 years old girl of one Pyarelal and Munni Bai, who committed suicide on 10.8.1996 by consuming some poisonous substance. An intimation was given to the police and therefore, a Panchnama-lash Ex.P/4 was prepared and her body was sent for the postmortem. Dr. K.R. Sahay (PW-9) with the help of other doctors conducted the postmortem on the body of the deceased Ramdevi and gave his report Ex.P/8. He found that she died due to consumption of some poisonous substance. On investigation, the police found that Ramdevi was the student in the school. She was called by the respondent through one boy studying in that school, who went in the class of Ramdevi and told her teacher that brother of the deceased Ramdevi was calling her but, Ramdevi denied that the respondent was not her brother. Thereafter, the teacher called the respondent inside the class and shouted upon him. When Ramdevi was going back to her house, the appellant snatched her school bag with the pretext that why she told to her teacher that the respondent was not related to her. Next day, she could not go to the school because she did not have her school bag. She thought that if she informs the entire story to her parents then, it is possible that the engagement of her elder sister would not take place, whereas some persons were visiting to her house to see her elder sister on that day and therefore, she committed suicide. After due investigation, a charge sheet was filed before the C.J.M. Tikamgarh, who committed the case to the Sessions Judge.

(3.) AFTER considering the evidence adduced by the prosecution, the learned Sessions Judge acquitted the respondent from the charge of offence punishable under Section 306 of IPC.