STATE OF MADHYA PRADESH Vs. DHARMENDRA RAJPUT

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the State of m. P. under Section 378 (i) and (iii) of Cr. P. C. being aggrieved by the judgment of acquittal dated 07. 08. 1999 passed by Additional sessions Judge, Gadarwara, District Narsinghpur in S. T. No. 147/98, whereby the respondents have been acquitted from the offence punishable under Sections 498-A and 306/34 of I. P. C.

(2.) THE prosecution case in short is that the marriage of Rubi @ Anita was performed with Dharmendra Rajput according to hindu Rites prior to 18 months of this incident. The appellants used to demand gold and motorcycle in dowry and subjected her to cruelty for not fulfilling such demand. Once she was driven out from her matrimonial house and remained in her maternal house for about 6 months. Thereafter respondent Ram Singh took her back to matrimonial house assuring that no harassment be done in future. But after sometime she committed suicide by hanging. On 10. 02. 1998 Rupram Kotwar of village Siregaon reported the matter at Police Station Gadarwara. On its basis marg intimation No. 6/98 under Section 174 of Cr. P. C. was registered. During the course of inquiry the Panchnama of dead body was prepared. Postmortem examination was done by Dr. Virendra Kumar Patel. According to his opinion the death of deceased was due to asphyxia as a result of hanging. However, he preserved viscera to confirm the additional poisoning. The viscera was sent to F. S. L. Sagar for chemical analysis fromwhere the report received. Accordingly the articles A, B and C were found containing zinc phosphide. Statements of the witnesses were recorded. After completing investigation charge sheet was filed in the Court of J. M. F. C. , Gadarwara who committed the case to the Sessions Court for trial.

(3.) RESPONDENTS were charged under Sections 498-A and 306/34 of I. P. C. They denied the guilt and claimed to be tried mainly contending that they are innocent and have been falsely implicated. Respondent Ram Singh took the plea of alibi that he was at Bhopal at the time of incident and other respondents have also taken the plea that they had gone to attend a marriage and on returning therefrom came to know that Rubi @ Anita has committed suicide. Prosecution examined as many as 9 witnesses and the accused persons also examined 4 witnesses in their defence. After appreciating the evidence trial Court acquitted them from the charges levelled against them. Being aggrieved by the impugned judgment State of Madhya Pradesh preferred this appeal after taking leave from this Court.