HIGH COURT OF JUDICATURE MADHYA PRADESH, JABAPLUR S.B.: HON. SHRI S.C.SINHO, J. Criminal Appeal No.2471/1998 Tejbali Kori VERSES The State of Madhya Pradesh -------------------------------------------------------------------------------------------------- Shri Prabhakar Singh, Advocate for the appellant. Shri Akshay Namdeo, G.A. for the respondent/State. -------------------------------------------------------------------------------------------------- J U D G M E N T 01/12/2011 1. The appellant has filed this criminal appeal under Section 374(2) of Cr.P.C. being aggrieved by the judgment dated 30.09.1998 passed by Sessions Judge, Sidhi in S.T. No.43/1996, whereby the appellant has been convicted under Sections 354 and 498-A of I.P.C. and sentenced to R.I. for 1 year and R.I. for 1 1/2 year with fine of Rs.200/- in default R.I. for 1 month respectively with direction to run both the sentence concurrently. 2. The prosecution case in brief is that deceased Shyama was married to Samaylal in the year 1991 and she committed suicide in the intervening night of 17-18.06.1995 in the appellant's house. Appellant is the father-in-law of the deceased and deceased along with her husband used to live with the appellant. On 17-18.06.1995 Shyama Bai committed suicide and appellant lodged a marg report Ex.P-7 at police station Kotwali, Sidhi. The aforesaid marg was written by PW-9 Khursheed Khan, Head Constable. As per rojnamcha report appellant asked his son Santkumar to bring wheat from the house of Vijay Singh who refused to give, therefore, appellant scolded his son Santkumar who got annoyed and sent in another house. Meanwhile in the intervening night deceased Shyama Bai hanged herself and committed suicide. Dr. S.B. Khare (PW-5), Assistant Surgen, District Hospital, Sidhi has conducted the postmortem of the deceased Savita and submitted Ex.P-3 postmortem report as per his opinion deceased died due to asphyxia. Further it is not challenged by the defence counsel that deceased died due to asphyxia. Ex.P-1 Panchnama was prepared in presence of PW-1 Geeta Sharma. 3. Appellant abjured the guilt and submitted in his accused statement that after the death of Shyaa Bai her parents wanted that appellant should marry Santkumar with the younger sister of deceased but appellant refused to do so, therefore, after eight months of the incident on the basis of false statements of parents of deceased appellant has been implicated. 4. Shri Prabhakar Singh, learned counsel for the appellant has taken me through Ex.P-7 marg report lodged by appellant Tejbali where he has specifically mentioned that on previous date he asked his son Santkumar aged about 19 years to bring wheat from the house of Vijay Singh who refused to give, therefore, he scolded him and Santkumar got annoyed. He went to another house. Meanwhile in the night Shyama Bai committed suicide. 5. PW-1 Ganesh and PW-3 Abhirajua have stated in their statement that their daughter's marriage was solemnized with the son of appellant before four years of the incident and when she used to come in her parental house she used to complaint that appellant used to touch her and wanted to committed rape with her. But Ganesh has specifically stated that he has never reported this matter to the Police or his relatives and neither he went to the appellant's house and made any complaint. On the same lines PW-3 Abhirajua who is the mother of deceased has also stated 2 that her daughter used to complaint about the indecent behaviour of appellant but she never lodged any report in police station. Police has also not filed any marg statement of this witnesses. 6. However, learned Sessions Judge has wrongly held in para 15 of impugned judgment that on bare perusal of Ex. P-6 FIR it is clear that just after the incident PW-2 Ganesh and PW-3 Abhirajua father and mother of the deceased have stated in their marg statement that appellant wanted to have illicit relations with the deceased. On the contrary, on bare perusal of Ex.P-6 FIR it seems that aforesaid fact was revealed by Ganesh PW-2 for the first time in his police statement Ex.D-1 on 25.02.1996, almost after eight months of the incident. Apart from this, the police statement of Abhirajua PW-3 recorded u/s of Cr.P.C. is also enclosed in the file and her statement was also recorded on 25.02.1996. 7. By no stretch of imagination, it can be said that just after the suicide, PW-2 Ganesh and PW-3 Abhirajua have not leveled allegation in their marg statement recorded just after the death of daughter but even copy of marg statement is not filled by prosecution. It is the duty of the prosecution to prove the case beyond reasonable doubt against the appellant. In such circumstances, appellant is entitled for benefit of doubt and deserves to be acquitted of the charges leveled against him. 8. Consequently, this criminal appeal is allowed. The impugned judgment passed by the court below is hereby set aside. The appellant is acquitted of the charge under sections 354 and 498-A of IPC. He is on bail. His bail bonds are discharged. Fine amount, if deposited, be refunded to appellant. (S.C. Sinho) Judge psm 3