STATE OF MADHYA PRADESH Vs. ROSHANLAL MAHAR

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 21.9.1993 passed by the Second Additional Sessions Judge, Balaghat in S.T. No.221/1992, whereby the respondent was acquitted from the charge of offence under Section 306 of IPC.

(2.) THE prosecution's case, in short, is that, the respondent Roshanlal was working as Time Keeper in PWD. Indu Bai, wife of the respondent was married to him 2 1/2 years ago. The respondent was in habit to consume liquor and to assault his wife Indu Bai. On 22.8.1992, in the house of the respondent, situated at village Bijatola (Police Station Paraswada, District Balaghat), the deceased Indu Bai had tried to commit suicide by pouring kerosene upon herself and set fire on herself. On her shouting, various witnesses went to the spot and found that door was closed from inside and Indu Bai was burning. Indu Bai was taken to the hospital. Head Constable Sukhdeo (P.W.8) examined the deceased Indu Bai and recorded her dying declaration, Ex.P/1. However, in taking Indu Bai to the hospital, she succumbed to the injuries. After due investigation, a charge - sheet was filed before JMFC, Baihar, who committed the case to the Sessions Court and ultimately, it was transferred to Second Additional Sessions Judge, Balaghat.

(3.) ADDITIONAL Sessions Judge, after considering the evidence adduced by the parties, acquitted the respondent from the aforesaid charge.