STATE OF MP Vs. AKHILESH AHIRWAR

JUDGEMENT

(1.) Both these petitions for grant of leave to appeal arise from judgment passed by learned ASJ, Jatar, district- Tikamgarh in S.T. No.251/2014 whereby the respondents 1 to 3 have been acquitted from the offences punishable under Sections 302, 304-B, 306 and 498-A read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. Hence, they were heard analogously and are being decided by this common order.

(2.) It is not in dispute that respondent No.1 is husband of the deceased (Kalpana) and respondents 2 and 3 are father-in-law and mother-in-law of the deceased, respectively. They were residing together at the time of incident i.e. 29.09.2014.

(3.) In brief, the prosecution case is that marriage of the respondent No.1 and Kalpana (since deceased) was solemnised five years ago from the date of the incident i.e. 29.09.2014. The deceased was residing with all the respondents. On 29.09.2014 at about 03:40 p.m., respondent No.2 (Ramlal) informed the police that at about 10:00 a.m. he along with his wife Lachchi Bai, son Ganesh and daughter-in-law Bharti had gone to the field for collecting the crops. At about 1 p.m. Ramlal came to his house and found that Kalpana was sitting in front of the house. However, at about 01:45 p.m. Rajua informed him that Kalpana committed suicide. Then he went to his house and saw from the window that Kalpana was hanging from the roof. After getting such information, police went to the spot and enquired the matter. The dead body was sent for postmortem. Crime No.240/2014 under Sections 304B and 498-A read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act was registered against the respondents. The ch arge-sheet was filed before the concerned Court.