STATE OF MADHYA PRADESH Vs. JAGDISH PATHAK

JUDGEMENT

(1.) THIS criminal appeal under Section 378 (1), (3) of the Code of Criminal Procedure has been preferred by the State of madhya Pradesh being aggrieved by the impugned judgment dated 16/11/1998 passed by the Additional Sessions Judge, panna in S. T. No. 61/1994, whereby the respondent has been acquitted from the charge under Section 306 of IPC.

(2.) THE prosecution case in short is that on 14/7/1994 manorma Pathak W/o Radhika Prasad R/o Kakarhati consumed sulphas. She was brought to P. H. C. Kakarhati for treatment. The information was sent to Police Station, Kakarhati. At the request of concerned police, Assistant Surgeon of Primary Health Centre, kakarhati recorded dying declaration of Manorma Pathak. Her statement was also recorded by police. She was sent to Civil hospital, Panna where she was admitted but died, hence the information was sent by the concerned doctor to Kotwali, Panna. Marg intimation No. 25/1994 under Section 174 of Cr. P. C. was registered. Panchnama of dead body was prepared. Postmortem was done. Her viscera was preserved for chemical analysis. A container (dibbi) of sulphas was seized from her husband. Spot map was prepared. The statements of the witnesses were recorded. It was alleged that respondent Jagdish Pathak father-in-law of the deceased used to look her malevolently and harass her on account of which she committed suicide. Offence under Section 306 of IPC was registered against the respondent. After completing the investigation, charge sheet was filed in the Court of Chief Judicial Magistrate, Panna, who committed the case to the Sessions Court for trial.

(3.) RESPONDENT-ACCUSED was charged under Section 306 of i. P. C. Respondent denied his guilt and claimed to be tried mainly contending that he has been falsely implicated. The prosecution examined as many as sixteen witnesses and placed the documents Ex. P-1 to Ex. P-31 on record. Respondent did not examine any witness. After appreciating the evidence, the trial Court did not find him guilty, hence acquitted from the charge levelled against him. Being aggrieved by the impugned judgment, instant appeal has been preferred by the State of Madhya Pradesh after taking leave from this Court on the grounds mentioned in the memo of appeal.