STATE OF M P Vs. RAKESH KUMAR

JUDGEMENT

(1.) The State has preferred this appeal under Section 378 (1) of the Code of Criminal Procedure 1973 being aggrieved by the judgment dated 14.05.1998 passed by the Sessions Judge Datia (M.P.) in S.T. No.98/97 whereby respondents/accused have been acquitted from the charges of Sections 307 and 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

(2.) Brief facts, according to prosecution, which are necessary to dispose of this appeal are recapitulated as under:-

(3.) As per available record and the prosecution case, during treatment of the victim, her statement in the shape of dying declaration (Ex.D/3) was recorded by the doctor of the aforesaid hospital and in response of the aforesaid information to the Police Station, some head constable also came who recorded the interrogatory statement of the victim in which she herself stated that she sustained the alleged burn injury accidentally while making the food. Subsequent to it, after coming the members of her parental family i.e. father Prabhudayal and mother and also under the advice of some Advocate of Jhansi, her report in writing stating the above mentioned facts was sent to the police station Dursada, through registered post which is evident on record as Ex.P-6. At the backside of such Ex.P-6, the postal tickets are also affixed and the seal of the post office is also bearing. On the basis of the aforesaid report in writing (Ex.P-6), the first information report (Ex.P-11) was registered on dated 09.03.1997 at about 15-10 hours by L.S. Chauhan, ASI of the aforesaid Police Station and in such report the names of respondents No.1 and 2 were impleaded as accused. On the basis of such report, the offence under Sections 307 and 498A of the Indian Penal Code and Sections 4 & 5 of the Dowry Prohibition Act was registered and the same was investigated. On completion of the same, the respondents were chargesheeted for the above mentioned charges.