STATE OF M P Vs. BADRI PRASAD

JUDGEMENT

(1.) THE State has filed this application for grant of leave to appeal against the judgment dated 17.1.2007, passed by Additional Sessions Judge, Sihora, District Jabalpur, in Sessions Trial no. 335/06, acquitting the respondent/accused from the offence under section 304 -B of India Penal Code.

(2.) RESPONDENT Badri Prasad was married to Sharda (deceased) in the year 2005. On 21st April 2006, Shara died of burn injuries at her husband's house. According to prosecution, Badri Prasad used to demand Rs. 7,000/ - and a cycle in dowry and on not meeting the demand, used to harass Sharda and subject her to cruelty, due to which, ultimately, she committed suicide by setting herself on fire.

(3.) LEARNED counsel for the State submits that the trial Court misappreciated the evidence of Janaklal (PW 1) and Gayabai (PW 3) who are respectively the father and mother of the deceased and thereby committed error in acquitting the respondent.