STATE OF MADHYA PRADESH Vs. PRABHU

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order dtd. 13/9/2022 passed by 2nd Addl. Sessions Judge, Agar, district Shajapur in S.T.No.18/2021 whereby the respondent/accused has been convicted under Sec. 498A IPC and sentenced to undergo RI for one year eight months with fine of Rs.2000.00 with further default stipulation and acquitted under Sec. 306 of the IPC.

(2.) Being aggrieved by the said judgment of acquittal under Sec. 306 IPC, State has filed this appeal on the ground that there is sufficient evidence against the respondent for conviction under Sec. 306 IPC but the trial court has wrongly acquitted him. Counsel for the appellant submits that the prosecution witnesses PW/1 Lalji, PW/2 Durgabai and PW/5 Ajay have supported the prosecution case and deposed that the respondent has abetted deceased to commit suicide, therefore, the judgment passed by the trial court is perverse and requires to be modified.

(3.) Counsel for the respondent on the contrary has opposed the contention of the appellant and submits that the judgment passed by the trial court regarding acquittal is in accordance with law and procedure. The respondent has already suffered one year eight months jail sentence and there is no sufficient evidence against the respondent under Sec. 306 of the IPC, hence prayed for dismissal of the appeal.