THE STATE OF M.P. Vs. DHANIRAM

JUDGEMENT

(1.) In this appeal, the State has assailed the judgment of acquittal delivered by the learned 2nd Addl. Sessions Judge, Tikamgarh, District- Tikamgarh (MP) in Sessions Trial No. 59/94 decided on 29th March,1996. By the judgment under challenge, learned Addl. Sessions Judge has acquitted the respondents, hereinafter referred as the accused, from the charge of offence punishable under Sections 498-A, 306 of the Indian Penal Code.

(2.) By Order dated 09.05.01, leave to appeal was granted against the judgment of acquittal of respondent no.1 Dhaniram only whereas the petition for leave to appeal against acquittal of respondent no.2 and 3, namely, Savitri and Harboo was dismissed.

(3.) To appreciate the say of the applicant/prosecution, I would like to say that basic case that was placed before the trial Court in nutshell is that accused used to harass deceased Phoolwati for demand of dowry. Suddenly in the intervening night of 12/13.02.94 deceased was not found in the house. On making search, her dead body was found in a well. After completion of due investigation, accused has been charge-sheeted.