STATE OF MADHYA PRADESH Vs. MOTILAL AND ANOTHER

JUDGEMENT

(1.) The appellant/State has preferred this appeal against the judgment dated 2 nd February 1996 passed by the 4 th Additional Sessions Judge, Jabalpur in S.T. No.316/89, whereby the respondents were acquitted from the charges of offences punishable under Sections 306/34 of IPC.

(2.) The prosecution's case in short is that, on 30.6.1987 at about 6:00 p.m. in the evening, Nanda Bai expired. It is alleged that she committed suicide by setting herself on fire. An intimation about her death was given to the Police Station Gorakhpur, Jabalpur and thereafter, the Investigation Officer prepared a Panchnama-lash Ex.P/27. On 22.7.1987, Jamna Prasad (PW-3) father of the deceased had given a letter Ex.P/1 to S.P. Jabalpur that the death of the his daughter Nanda be considered as homicidal and proper investigation be done accordingly. Thereafter, nothing was found against the respondents. In the February 1989, Jamna Prasad (PW-3) and his family members gave the statements against the respondents about harassment and torture relating to the dowry demand etc. and also on so many counts, therefore, a case was registered. After due investigation, a charge sheet was filed before the C.J.M. Jabalpur, who committed the case to the Sessions Court and ultimately, it was transferred to the 4 th Additional Sessions Judge, Jabalpur.

(3.) The respondents abjured their guilt. They did not take any specific plea but they have stated that they were falsely implicated in the matter. Jamna Prasad was an Ex-MLA and a renowned advocate of Vidisha District and therefore, he had falsely implicated the respondents in the case. In defence, one Dr. J.C. Wadera (DW-1) was examined to show that the respondents were keeping the deceased with comfort.