STATE OF M.P. Vs. HIRA SINGH RAJPOOT

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant/State under Sec. 378 (i) of Cr.P.C. against the judgment dtd. 22/04/1997 passed by the Additional Sessions Judge, Narsinghpur in S.T. No.35/94 whereby respondent has been acquitted from the alleged charges under Sec. 304-B, in alteration Ss. 306 and 498-A of I.P.C.

(2.) Brief facts in nutshell of the case are that merg no.39/93 under Sec. 174 of Cr.P.C. was registered in respect of death of Smt. Lucky at Police Station Gotegaon, District Narsinghpur on the information given by Narayan Singh. Thereafter, F.I.R. under Crime No.277/1993 was registered at Police Station Gotegaon under Sec. 306 of I.P.C. against the respondent with the allegation that the marriage of deceased Lucky was solemnized with the respondent/accused Hirasingh on 24/02/1993. The parents of the deceased as per their capacity solemnized the marriage. Motorcycle, cash and domestic articles were given. After some time of marriage, the deceased was subjected to harassment and ill treatment for demand of dowry made by the accused persons.

(3.) On 18/10/1993, the in-laws had given information to the parents of the deceased about the fact that the deceased kept herself in the room, doors were locked from inside. On the information, PW-8 father of the deceased with his son and other neighbours reached to the matrimonial house of the deceased and saw that she was hanging by neck and she has died. She was subjected to cruelty. After registration of the F.I.R., the police authority started the investigation, prepared the spot map, seized the articles from the incident place, recovered the dead body and sent it for postmortem and after completing the investigation, filed the chargesheet before the Judicial Magistrate First Class, Narsinghpur under Sec. 304-B, in alteration Sec. 306 and Sec. 498-A of I.P.C.