STATE OF MADHYA PRADESH Vs. MISHRILAL AND ORS

JUDGEMENT

(1.) The appellant- State has preferred this appeal under Section 378 of Code of Criminal Procedure against the judgment of acquittal dated 31-03-2000, passed by learned Additional Sessions Judge, Chanchoda, District Guna (MP) in Sessions Trial No.45 of 1999, whereby the respondents have been acquitted from the offences punishable under Sections 498-A and 304-B of Indian Penal Code.

(2.) In brief, the prosecution story is that deceased Draupati Bai D/o. Jamunalal of village Moikheda was married 5-6 years before her death with accused Gopal (herein respondent No.2). At the time of marriage, Rs.25,000/-, a box, an almirah, motorcycle and utensils of Rs.10,000/- were given as dowry. The accused persons were not satisfied with the dowry and used to treat the deceased with cruelty by demanding some more dowry. When the deceased used to visit her parental home she used to tell the facts of cruelty and demand of dowry to her parents and others. Before death the deceased had come to her parental home at Moikheda but she was sent back along with her husband accused Gopal to her matrimonial home. On 27-09-1998 in the evening, the deceased was found lying near a drainage (Nala) between village Ramda and Moikheda. On seeing it, one Ramswaroop of village Ramda called brother of the deceased Phool Singh, who at that time, had been working in his field. Then, brother of the deceased Phool Singh identified the body as his sister Draupati Bai and thereafter went to village Ramda and informed Raghuvir Singh and Mohan. Thereafter, accused Gopal along with Raghuvir Singh and Mohan brought the deceased to village Ramda from where, the deceased was taken in a jeep to the District Hospital, Guna for treatment, however, she died on the way. Thereafter, the dead body of the deceased was brought to village Ramada by other jeep and on the next day, i.e. on 28-09-1998, she was cremated. Thereafter, brother of the deceased, Phool Singh (PW2) lodged a report at police station, on the basis of which, FIR (Ex.P2) was registered and the investigation was set in motion. After completion of investigation, charge-sheet was filed before the competent criminal Court, from where the case was committed to the Sessions Court for trial.

(3.) During trial, the accused persons abjured their guilt and pleaded their complete innocence. The accused persons in their statements recorded under Section 313 of Code of Criminal Procedure denied the charges. The prosecution, in support of its case, examined as many as nine witnesses. After concluding the trial, the learned trial Judge vide impugned judgment acquitted the accused persons from the offences under Sections 498-A and 304-B of IPC as stated above. Being aggrieved the same, the appellant- State has preferred this appeal.