STATE OF M.P. Vs. AJAY @ AJJU

JUDGEMENT

(1.) HEARD on leave application.

(2.) THE State has preferred an application for grant of leave to appeal against the judgment dated 11.11.2014 passed by the Sessions Judge, Khandwa in ST : No.77/2014 whereby, the respondents have been acquitted from the charge of j section 304B or in alternate section 302 and section 498A of IPC.

(3.) THE prosecution's case in short, is that, wife of the respondent No. 1 and daughter -in -law of the respondent No.2, Rekha Bai had committed suicide on j 14.1.2014 at house of the respondent No. 1 situated at Sankheda Road, Jawar, District Khandwa. Naveen @ Vikky went to the Police Station, Jawar and lodged ; a merg intimation that in the night when all the family members were sleeping, at about 2.30 p.m. a child started weeping then on enquiry it was found that the deceased Rekha was hanging with a rope through the ceiling fan. The Police prepared various memos and recovered the dead body. It was sent for post mortem. Dr. Narendra Patel (PW4) performed the post -mortem and gave a report Ex.P -4. According to him the deceased died due to hanging. Thereafter, the parents and relatives of the deceased have made allegations that she was killed by the respondents and she was being harassed for dowry demand etc. After due investigation the charge sheet was filed and case was committed to the Court of Sessions. After considering the submissions made by the learned counsel for the parties and looking to the evidence adduced by the prosecution before the trial Court, it would be apparent that no eye witness was examined. According to Dr. Narendra Patel (PW4) there was no possibility that death of the deceased j Rekha Bai was homicidal. Hence, the respondents cannot be convicted of offence under section 302 of IPC. The trial Court has rightly acquitted the respondents from the charge of section 302 of IPC.