STATE OF M.P. Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) THE appellant/State has preferred this appeal against the judgment dated 6.1.1997 passed by the Special Judge, Shahdol under SC/ST (Prevention of Atrocities) Act in Special Case No.120/96, whereby the respondents were acquitted from the charges of the offences punishable under Section 314 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, (hereinafter referred to as 'the Special Act').

(2.) THE prosecution's story, in short is that, on 1.1.1996 at about 9:30 a.m. one Duasiya (PW-6) had lodged an FIR at Police Station Jaisingh Nagar, District Shahdol that her daughter Phoolbai aged about 12 years was pregnant, due to the respondent Rajendra Prasad, had expired in the night of 31.12.1995 because the respondent Rajendra gave some poisonous medicine to the deceased Phoolbai. THE police had registered a case against the respondents. THE dead body of the deceased Phoolbai was sent for the postmortem. Dr. Sampoornanand Dubey (PW-5) had conducted the postmortem on the body of the deceased Phoolbai and gave his report Ex.P/18. He found that the deceased had a fetus of 12 weeks' but there was no blood found on her vagina. Similarly, there was no external or internal injury found on her person. Her uterus tube was closed. No cause of death could be ascertained. Her viscera was preserved and handed over to the police for its forensic analysis. After due investigation, a charge sheet was filed before the Special Court.

(3.) I have heard the learned counsel for the parties.