n q CF0000957751 w hm f.M IN 1‘13 HIGH CGURT 0? WHYA P I ALPUR Mise. Cr1.Case N . 51E?) Cdminal Appeal No. ‘ 7Z1 /9§;" State e£_ xflaahya‘ Pra‘de'sh \ RES?0NDENTS$:1. Chanaan oVefsuy Siagh " S/a Lathel / Singh s) / y VR/o wad-3'7 Qr.l§o.6-B- a ageé/48 Swtar—G years, Bhilai Nagar, Tahsil an¢ Distt. W é ”2 BargP.$; Bhagviathu 28 yeaps. Bhilai yrasaé R/ W1 Eagar. S/o Chanéan Secteras. .P) Singh uxnoai-z age x I '7 ’ mum 6—3 P s. Bhllai Nagar Tahsil and Distt. Darya . R LEA“ To QPEAL U/s 378(3) g“ / APPELLANT : x I , Cr. ac APE’LICATIO“ FO AND APPEAL U S 378 OFFENCE UZS ,306 1.? .C. .¥/_,_,_._—’— crap c o k/ ‘ } y ’ ‘ l / ' / . HIGH COURT OF CHHATTISGARH AT BILASPUR ‘ (Hon. Mr. Justice Pritinker Diwaker) Criminal Appeal No. 74 of 1995. APPELLANT State of Madhya Pradesh (now Chhattisgarh) VERSUS 'RESPONDENTS Chandan Singh and another. Shri Pravin Das Dy. GA for appeHant/State. Since none appears on behalf of the respondentsiaccused even after issuance of SPC, Shri Viprasen Agrawal Advocate who is present before this Court is appointed as the counsel to appear and argue on their behalf. CRIMINAL APPEAL UNDER SECTION 378 11) OF THE CODE O CRIMINAL PROCEDURE. v 0 R D E R (08.02.2010) The instant appeai is direoted against the impugned judgment dated 11.6.1993 passed by the Additional Sessions Judge, Durg in i Sessions Trial No, 248/1991 acquitting the respondents/accused of the offence punishable under Section 306 IPC. 3. Brief facts of the case are that on the basis of merg intimation dated 21.1.1990 (Ex. P-6), FIR (EXP-7) was registered against the respondents/accused on 3.3.1990 alleging that marriage of the deceased Ganga Bai with respondent No.2/accused Bhagwati Prasad was solemnized on 18.5.1989 and she was subjected to harassment for demand of dowry by the accused persons as aresult of which she Committed suicide on 21.1.1990 by pouring kerosene on her body and setting herself ablaze. 4. ln order-to establish the guilt of the respondents/accused the prosecution has examined eight witnesses/Statements of the respondents [accused were also recorded under Section 313 of the Code of C‘riminal Procedure in which they have denied the charges F _Z_ levelled against them and pleaded their innocence and false implication in the case. 5. After hearing the parties the Court below has acquitted the respondents/accused of the charges levelled against them. Hence this appeal. 6. Counsel for the appellant/State submits that the on the basis of material available on record the Court below ought to have convicted the respondents/accused for the offence under section 306 IPC but having ignored the evidence adduced by the prosecution and thereby awarding acquittal to them it has landed itself in a grave legal error. 7. On the other hand counsel for the respondents/accused has / supported the impugned judgment. 8. Main case of the prosecution is that the deceased wast subjected to cruelty for demand of scooter from her parents but father of the deceased namely Ramji Dhruv (PW-1) has not made any specific allegation that the respondents/accused used to harass his daughter for demand of dowry. Ramkumar (PW—2) has stated in his evidence that once he had visited the house of the deceased where she had told him that she was being harassed by the respondents/accused for demand of dowry but nothing specific has been stated by this witness too. Moreover, in the cross examination he has admitted that the deceased never informed him about her being beaten by the accused persons. Mother of the deceased namely It-wari Bai (PW-5) has stated that her son in law used to harass her daughter saying that nothing was given“ to him in marriage. Record shows that the statement of the mother of the deceased under section 161 of the Code of Criminal Procedure. has PF not bee‘n recorded. Facts and circumstances of the case in hand if seen in the light of evidence available on record do not spell anything regarding abetment to the deceased at the hands of the respondents accused as defined under Section 107 IPC in order to _3‘_‘ hold them guilty under Section 306 IPC. Findings of the Court below acquitting the respondents/accused being in consonance with the evidence avaiiabie on record are fully justified. 10. Thus after going through the materiai available on record and being very much conscious of the existing legal position that in a an appeal against acquittal if two views are possible on the basis of evidence led by the prosecution and the trial Court taking one view favoured the accused, this Court is of the considered opinion that reversion of the findings of acquittal by the appellate Court taking the other possible view into consideration, is not permissible in law and therefore the judgment impugned acquitting the respondents (accused of the offence under Section 306 IPC, is just and proper ‘; and does not warrant any interference by this Court. Accordingly, the rt ,appeal‘being without substance is liable to be dismissed. lt is 1 accordingly dismissed. of ,rf fl Sdl- l Pritinker Diwaker " Judge . w” Jx C A gll l gt.my iafia LN