(1.) THE State has instituted this appeal against the judgment dated 23.2.2008, rendered by the learned Addl. Sessions Judge, Ghumarwin, Distt. Bilaspur, H.P. in Sessions Trial No. 12/7 of 2006/05. The respondents -accused (hereinafter referred to as the accused) who were charged with and tried for offences under Sections 498 -A and 306 read with Section 34 IPC, were acquitted by the learned trial Court.
(2.) THE case of the prosecution, in a nut shell, is that the marriage of the deceased Meeran Devi was solemnized with accused No. 1 Madan Lal, resident of Village Kothi, PO Chandpur, Distt. Bilaspur. She gave birth to two sons. She was subjected to cruelty by the accused. The complainant PW -4 had gone to purchase domestic articles at Bilaspur Bazar where she was told by one Ram Singh resident of Tared that her daughter Meeran Devi was admitted in the Hospital and when she arrived there she found her daughter dead. The statement of PW -4 Dashodhan Devi was recorded under Section 154 Cr.P.C. vide memo Ext. PW -4/A on 20.6.2002. On the basis of the statement Ext. PW -4/A, FIR Ext. PW -6/A was registered. The plastic bottle was seized from the spot. The site plan was prepared and the deceased was medically examined on 20.6.2002 at Zonal Hospital, Bilaspur by Dr. Anita vide MLC Ext. PA. The post mortem was conducted on 21.6.2002. The viscera etc. was also sent for chemical examination at FSL Junga. The report is Ext. PC. According to the doctor, Meeran Devi died due to asphyxia due to consumption of phosphite poisoning. The matter was investigated and the challan was put up after completing all the codal formalities.
(3.) MR . Ramesh Thakur, learned Asstt. Advocate General has vehemently argued that the prosecution has proved its case. On the other hand, Mr. T.S. Chauhan, Advocate, appearing for the accused has supported the judgment of the learned trial Court dated 23.2.2008.