STATE OF MADHYA PRADESH Vs. SURESH AND TWO

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 15.7.1996 passed by the Chief Judicial Magistrate, Hoshangabad in Criminal Case No.416 of 1992 whereby the respondents were acquitted from the charge of offence punishable under Section 498-A of I.P.C.

(2.) THE prosecution's case in short is that Mamta Bai (PW1) was wedded wife of the respondent no.1 Suresh Kumar whereas, the remaining respondents are brothers of the respondent Suresh Kumar. The respondents were in habit to harass the complainant Mamta Bai on and often. They were demanding for two acres of the land and one motor cycle from the father of the complainant. In the month of July 1992 the respondent Suresh assaulted the complainant Mamta Bai by a brick and therefore, she was directed for her treatment to Dr. Dhanraj Singh (PW6) on 6.9.1992. The respondent Suresh administered a tablet of celphos (poison) to the complainant and therefore, she was taken for her treatment to the Government Hospital, Dolariya and thereafter, she was taken to the District Hospital, Hoshangabad and ultimately her father Dhanraj (PW2) took her to his house. On 22.9.1992 the complainant lodged an FIR Ex.P/1 against the respondent. In investigation Police collected the various medical reports and examined so many witnesses. After due investigation a charge sheet was filed before the Chief Judicial Magistrate, Hoshangabad.

(3.) THE learned Chief Judicial Magistrate after considering the evidence adduced by the parties acquitted the respondents from the charges of offence punishable under Section 498-A of I.P.C.