MURARI KUMAR MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P.C. Tripathi, learned senior counsel appearing for the petitioner and Mr. Shekhar Sinha, learned A.P.P., for the State.

(2.) This application is directed against the judgment dated 07.01.2005 passed in Sessions Trial No. 287 of 1998 whereby and where under the opposite party No. 2 has been acquitted from the charges levelled against him under Sections 115, 315, 497 and 307 of the Indian Penal Code.

(3.) It has been stated by the learned senior counsel for the petitioner that proper appreciation has not been made by the learned trial court on the allegation made by the petitioner while acquitting the opposite party No. 2 from the charges levelled against him. Submission has been advanced that at the instance of the opposite party No. 2 the termination of the pregnancy of the wife of the petitioner was done. Learned counsel further submits that his wife had specifically stated about the poison sent to her by the opposite party No. 2 to administer it to her husband. Learned senior counsel thus submits that the documentary evidence has also not been properly appreciated by the learned trial court before acquitting the opposite party No. 2.