STATE OF M.P. Vs. KAILASH

JUDGEMENT

(1.) THIS appeal under section 378 of the Code of Criminal Procedure, is directed against the judgment of acquittal dated 11th August, 1989, rendered by I Additional Sessions Judge, Dhar in Sessions Trial No. 27/87, thereby acquitting the accused/respondent of the charge punishable under Sec. 302 IPC for causing homicidal death of his wife Bhartibai.

(2.) FACTS lie in a narrow compass, That deceased Bhartibai was married to respondent Kailash and was residing with respondent in village Mundlawada. It is stated that the respondent/accused was behaving with his wife with cruelty and used to quarrel and beat on the ground of less dowry given by her father at the time of marriage. It is also stated that on 7.10.86, respondent/accused Kailash quarrelled with his wife and tied her with the log by a rope and then forcibly administered poison used for killing of rats. After administering of poison, when Bhartibai started feeling unwell she was taken to Primary Health Centre, Ghatabillod and then brought to M.Y. Hospital, Indore, the same day and admitted there for her treatment. Bhartibai died in the M.Y. Hospital Indore on 11.10.1986. The informa tion about death of the deceased was given in Police Station, Sanyogitaganj, Indore and murg report, Ex. P/6 was registered Police Sanyogitaganj, Indore prepared inquest report of the deceased, the same day and dead body was sent for Post Mortem examination. Dr. Ashok Virang (PW 11) conducted autopsy on the dead body on 11.10.1986. The Post Mortem Report is Exh. P/16. It is stated that immediately after the incident, deceased Bharti stated to her father, Badrilal (PW 1) and mother, Kamlabai (PW 2) with regard to administration of poison by her husband, Kailash. It is also stated that on 8.10.1986, when deceased Bhartibai was admitted to M.Y. Hospital at Indore, her statement was recorded by Head Constable, Rambabu Mishra (PW 5) in which she stated the fact of administration of poison to her by accused Kailash. The murg report was sent to Police Pithampur and on that basis, FIR Exh p/10 was registered on 15.10.1986 at 1.00 in the night registering the offence against the respondent under section 302 IPC.

(3.) ON completion of investigations, Police Pithampur filed challan against the accused Kailash in the Court of JMFC Dhar.