STATE OF MADHYA PRADESH Vs. MUKESH

JUDGEMENT

(1.) THE appellant-State, on leave obtained on 5. 4. 1994 under Section 378 (3) of the Code of Criminal Procedure (for short 'the Act') has filed this appeal against the judgment dated 30. 8. 1993 rendered by First Additional Sessions Judge, Khargone in Sessions Trial No. 64 of 1991, thereby recording acquittal from the charge under Section 304-B of the Indian Penal Code.

(2.) BRIEFLY stated, the facts of the case are that on 23. 6. 1990 dead body of Krishnabai, daughter-in-law of Anokhilal (respondent No. 2) was taken out from well by Narendra Jaiswal. Feeling that Krishnabai has died under circumstances raising a reasonable suspicion that some other person has committed an offence, report (Ex. P/10) was lodged at Police Station Con. Autopsy was conducted. Postmortem report is Ex. P/1. Earlier Marg was registered under Section 174 of the Code (Ex. P/5-C ). Spot maps, Exs. P/4-A, P/7 and P/8, were prepared, witnesses were interrogated. After completion of the investigation, challan was filed. Case was committed for trial to Sessions Court. Charge under Section 304-B of the Indian Penal Code was framed to which the respondents pleaded not guilty. Prosecution examined PW-1 to PW-13. After evaluation of the evidence, the Sessions Court recorded acquittal.

(3.) WE have heard Mr. Girish Desai, learned Government Advocate for the appellant/state and Mr. Jaisingh, learned Counsel for the respondents.