STATE OF MADHYA PRADESH Vs. MANOHAR

JUDGEMENT

(1.) Heard on IA No. 21111/2022, an application for condonation of delay of 53 days in preferring the appeal. For the reasons stated in paragraph Nos. 2 and 3 of the application, IA No. 21111/22 is allowed. Delay is hereby condoned. This appeal is filed by the State being aggrieved of judgment dt 9/6/2022 passed by First Additional Sessions Judge, Asta District Sehore (M.P.) in ST No. 61/2019, whereby the respondents have been acquitted for the |offences punishable u/s 304(B), 498-A of IPC and Sec. 4 of Dowry Prohibition Act, 1961.

(2.) Learned counsel for the State submits that they are aggrieved of the said judgment wherein the learned trial Court has acquitted 5 accused persons from charges under Ss. 304(B)/34, 498-A of IPC and Ss. 3/4 of Dowry Prohibition Act, 1961.

(3.) It is submitted that marriage of victim Anita was performed with Manohar on 12/2/2013. Thereafter, she consumed poison on 25/12/2018 and because of such consumption, she died when merg. Ex.P/6 was recorded. According to viscera report Ex.P/19, Anita died because of consumption of aluminium phosphide, which was found in her vital parts. It is submitted that FIR (Ex.P/9) was lodged on 14/1/2019 but despite the fact that prosecution witnesses supported the prosecution case wholeheartedly, the trial Court had arbitrarily recorded a finding of acquittal, which calls for interference in the appellate jurisdiction of this Court.