STATE OF M P Vs. VIRENDRA

JUDGEMENT

(1.) This Criminal Appeal has been filed by the State under the Provisions of Section 378 of Cr.P.C being aggrieved by judgment dated 31.03.2018 passed in Sessions Case No.172/2007 by the Court of 5th Additional Sessions Judge (Fast Track) Morena, whereby the learned Sessions Court has acquitted the accused persons from the charge under Sections 306 and 498-A of IPC.

(2.) As per the prosecution story marriage of the deceased had taken place with Virendra on 08.03.1999. She gave birth to two sons after marriage and one of the son died after death of the deceased and another surviving son is staying with his father Virendra.

(3.) It is also an admitted fact that in the intervening night of 11th October-12th October, 2016, the deceased Sunita had committed suicide. As per postmortem report and the statements recorded by the doctor who had conducted the postmortem namely Dr. M.S. Tomar (PW-3) has opined that there was a ligature mark prior to the death. There was no injury marks or other marks on the body of the deceased and the reason of death was hanging. Her stomach was empty and she had not consumed any food before death. There was gastric juice in her stomach and the death was within 24 hours of the time of performance of postmortem.