STATE OF MADHYA PRADESH Vs. BABLU AND OTHERS

JUDGEMENT

(1.) The appellant/State has preferred this appeal under Section 378(1) Cr.P.C. against the judgment of acquittal dated 04.08.1997, recorded by IV Additional Sessions Judge, Sagar (M.P.) in S.T. No.322/1996, whereby the respondents have been acquitted for the offences punishable under Sections 302, 304-B r/w Section 120-B of IPC.

(2.) The case of the prosecution in brief is that the deceased Asha Bai was married to accused Bablu in the year 1995. After marriage, she was living in village Mahoruni alongwith her husband and father-in-law Jagu, Jeth (brother-in-law) Govind, Jethani Jashoda Bai and Devar (brother-in-law) Bablu and Chota. At the time of marriage, a demand of Motorcycle was made by the accused persons, but due to financial restrain the father of the deceased Ram Gopal (PW-4) had given Bicycle. After a few months of marriage the accused persons had started making demand of Motorcycle and T.V. from the deceased and started harassing her. She was subjected to cruelty by accused persons who usually pressurize her by beating and assaulting in order to fulfill their demand. The deceased had informed her parents about cruel treatment of accused persons. On 30.04.1996, it is alleged by the prosecution that accused persons had set the deceased on ablaze by pouring kerosene oil on her. She was taken to Telai Hospital, Sagar by a neighbour Hari Narayan. Next day on 01.05.1996, she had expired due to burn injuries. A merge intimation (Ex.P/2) has been recorded in Police Station, Kotwali, Sagar on the intimation of Doctor, panchanama of dead body was prepared and sent for postmortem. One of the relative of Ramgopal, who lives in the Village Mahoruni, had sent a letter to father of the deceased Ramgopal on 01.05.1996 intimating him that the deceased is in serious condition admitted in the hospital. Ram Gopal alongwith other family members reached on the hospital and found her daughter dead. The police conducted inquest before them. During inquest, the police prepared the spot map and seized the kerosene stove, burnt cloths from the spot and recorded the statement of witnesses. Later on Ram Gopal sent a written complaint to Superintendent of Police on 06.05.1996 alleging that the accused persons had killed his daughter by setting her ablaze by pouring petrol for demand of dowry and the local police is not taking proper action against the accused persons. Under the direction of S.P. a FIR (Ex.P/6) has been recorded on 18.05.1996 on the basis of aforesaid complaint (Ex.P/5) in Police Station City Kotawali, Sagar and offence under Section 304-B of Penal Code was registered. During investigation spot map was prepared, the statement of witnesses recorded and after usual investigation the charge sheet under Sections 302, 304-B, 201 of Penal Code has been filed in the Court.

(3.) The trial Court has framed charges under Sections 302, 304-B, 201 of IPC against the accused persons. They abjured guilt and stated false implication by the complainant and other family members of the deceased. The prosecution has examined ten witnesses. The accused persons have given two witnesses in their defence. The trial Court after conclusion of the trial by passing the aforesaid judgment acquitted the accused persons/respondents from alleged offences.