STATE OF M.P. Vs. SUBHASH

JUDGEMENT

(1.) THIS appeal is against acquittal of all the respondents regarding offences under sections 306, 498 (b) and 201 of IPC.

(2.) BRIEFLY stated the prosecution case was that Takha was married about an year before the date of incident (25.10.1985). The father -in -law of Rekha died soon after her being marrying in this family. On 25.10.1985 Rekha got burnt. She was taken to Barwani hospital. Before that she was taken to Thikari hospital where her dying declaration was recorded by Dr. Sharadchandra Mahajan (PW -11). There were certain letters seized during the course of investigation and as the things found in the Pooja Kamara did not tally with the dying declaration. Offence under sections 306, 498 (b) and 201 IPC were registered against the respondents for which they were tried and acquitted as stated at the outset.

(3.) GOING through the judgment, it appears plain and it is not controverted by the learned Dy. Govt. Advocate that the letters Exs. P -2, P -3 as also P -6, P -7, P -25 and D -1 to D -14 are all written by Rekha before her death and nothing of them indicate anything to suggest cruelty on the part of the respondents, much less are they sufficient to prove cruelty as a fact.