Appeal by the State against the acquittal of the respondent in a charge ofabetting suicide. The High Court dismissed the appeal, holding the trial Court's finding that prosecution failed to prove cruelty or incitement was not perverse.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH AT BILASPUR
Criminal Appeal No. 2096 of 1997
Appellant : State of Madhya Pradesh (Now Chhattisgarh)
VERSUS
Respondent Mahendra Sahu
APPLICATION FOR LEAVE TO APPEAL U/S. 378(3) CR.P.C. & CRIMINAL APPEAL U/S. 378(1) CR.P.C. AGAINST ACQUITTAL
SB: Hon'ble Shri Goutam Bhaduri. J.
Present: Shri Sudhir Bajpai, Dy. Govt. Advocate for the State/appellant. Shri N.K. Mehta, Advocate for the respondent. JUDGMENT (Passed on 15th day ofjanuary, 2014)
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that the accused had a relation with one girl named Babli and thereafter, the deceased had committed suicide for that. After the investigation, the case under Section 306 was filed. During the framing of charges, the case under Section 498-A read with Section 306 of IPC was framed against the accused.
During the course oftrial, the learned Court below reliedon the suicidal note, which was marked as Ex.P-4 & P-5, which was proved by PW-1, the father of the deceased Seema Sahu. Perusal of the document Ex.P-4 & P-5 i.e. the suicidal note, the deceased had given reason that she was committing suicide of her own and nobody should be held responsible for that. The said Ex. P-4 is a suicidal note and the second note is Ex.P-5 which was addressed to the accused scribes that she wanted the marriage to be performed of her husband with one Babli. Similarly, the Ex.P-6 which is addressed to one Babli wherein it is stated that after the death, the lady should take care of her husband. The said letters have been admitted to have written by the deceased by the father ofthe deceased Seema Sahu.
The learned Court after examination ofthe entire evidence has recorded that the mother of the deceased Seema Sahu have also not said about any cruelty which was being meted out to the deceased. While analyzing the statement of the mother of the deceased (PW-3), the learned Court below has categorically come to a conclusion that nothing has been stated by the mother with respect to the cruelty or any demand rather it ./ was admittecr that .she was happy in her matrimonial home. The mother has alsostated that she had not seen at any time that the accused and deceased were quarreling with each other. No other witness has been produced by the prosecution so as to demonstrate the fact that the deceased was subjected to cruelty by the accused soon before her
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death or any torture was being made to her or accused had abated the suicide.
The learned Court below has further observed that the deceased was disturbed with a fact ofattraction ofthe accused towards one girl namely Babli for which the letter was written, which is proved by the proseuction as Ex.P-6. 1 have also examined these documents Ex.P-4, Ex.P-5 & Ex.P-6. The Ex.P-4 pertains to the declaration made by the deceased that she was responsible for her death and nobody should be held responsible for it.
In view of such admission of Ex.P-4, Ex.P-5 & Ex.P-6, there was no other course left before the trial Court except to admit the version made therein. The contents of these letters, which were written by the deceased also do not say about any torture in any manner whatsoever by the accused.
Accordingly, the trial Court has recorded a finding that the prosecution has failed to pr'ove the charges leveled against the respondent. The trial Court has properly appreciated the evidence on record. The finding which is recorded by the trial Court cannot be said to be perverse. Learned counsel for the appellant could not point out any perversity in the finding recorded by the trial Court and it is well settled principle of law that unless judgment of acquittal of the trial Court is palpably wrong and grossly erroneous, interference by the appellate Court is not called for.
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Sd/Goutam Bhaduri Judge
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State of Madhya Pradesh
Mahendra Sahu
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
