SANTOSH BAKSHI Vs. JITENDRA @ RAJJU AND ANOTHER

JUDGEMENT

(1.) Applicant being a father of the victim-deceased has filed this application for grant of leave to appeal under Section 378 (3) of Cr.P.C., being aggrieved by the judgment dated 10.08.2018 passed in Sessions Trial No.659/2017 by Additional Sessions Judge, Jabalpur whereby, the trial Court has acquitted the respondent no.1 Jitendra @ Rajju of the charge under Section 306 of IPC.

(2.) Case of the prosecution in short is that, the deceased-Reshma lived with her father and mother in locality of Bhantaliya, Police Station Belbag, Jabalpur. On 12.05.2017 Reshma (since deceased) consumed poisonous substance. When her condition became deteriorated, her mother informed her father (PW-1), who asked his daughter what happened to her, then she narrated that accused/respondent no.1 herein Jitendra promised to marry with her, but he denied to marry on that account, she consumed poisonous substance. Reshma (since deceased) was taken for treatment and got admitted in Medical College, Jabalpur where during treatment she succumbed. The information to this effect was send to Police Station Belbag, a Merg 7/2017 under Section 174 of Cr.P.C. was registered. During investigation, suicide note was recovered from the bed of the deceased in which she had written that she developed love affairs with respondent no.1 for last four years. The accused/respondent no.1 promised to marry with her, but lateron he denied and deceived her. On account of that, she consumed poisonous substance. At the end of the suicide note, she mentioned that in case, she remained alive, she would try to marry with the respondent no.1. During investigation, on the basis of call details, it was found that deceased and respondent no.1 used to call each other. On that basis, FIR vide Crime No.345/2017 under Section 306 of IPC got registered against the respondent no.1. After investigation charge-sheet has been filed.

(3.) The trial Court after framing charge, recorded the evidence of all the witnesses, delivered the judgment on 10.08.2018 and not found proved the ingredients of Section 306 of IPC beyond reasonable doubt hence, acquitted the respondent No.1 of the alleged offence.