JUDGMENT This appeal is against acquittal of all the respondents regarding offences under sections 306, 498 (b) and 201 of IPC. Briefly stated the prosecution case was that Takha was married about an year before the date of incident (25.10.1985). The father-in-law of Rekha died soon after her being marrying in this family. On 25.10.1985 Rekha got burnt. She was taken to Barwani hospital. Before that she was taken to Thikari hospital where her dying declaration was recorded by Dr. Sharadchandra Mahajan (PW-11). There were certain letters seized during the course of investigation and as the things found in the Pooja Kamara did not tally with the dying declaration. Offence under sections 306, 498 (b) and 201 IPC were registered against the respondents for which they were tried and acquitted as stated at the outset. The main question is whether the learned Sessions Court has ignored or has failed to consider the material evidence while recording acquittal or whether the finding of the learned Sessions Court is such as cannot be reached by any reasonable person. These are the test laid down for interference in an appeal against acquittal. Going through the judgment, it appears plain and it is not controverted by the learned Dy. Govt. Advocate that the letters Exs. P-2, P-3 as also P-6, P-7, P-25 and D-1 to D-14 are all written by Rekha before her death and nothing of them indicate anything to suggest cruelty on the part of the respondents, much less are they sufficient to prove cruelty as a fact. Then we go to the dying declaration of Rekha recorded by Dr. Mahajan (PW-11) which is Ex. P-18. The dying declaration completely exonerates the respondents inasmuch as Rekha stated that while she was cooking food, her Saadi caught fire in the Chulha, that no body in the house had quarreled with her and that she herself had closed the door of kitchen behind her. In these circumstances it cannot be said the learned Sessions Court was in any manner wrong in exonerating all the respondents of the charges under section 306, 498 (b) IPC. The mere fact that the father-in-law of the deceased died soon after her marriage in the family could not be a clinching factor to hold that the members of the family must have been hostile to her on account of taking her as an inauspicious woman.
The mere fact that the father-in-law of the deceased died soon after her marriage in the family could not be a clinching factor to hold that the members of the family must have been hostile to her on account of taking her as an inauspicious woman. As regards section 201 IPC also there is virtually no evidence. The statement of Chhaganlal about finding of stove, some milk and prepared tea in a glass in a prayer room has nothing to do with the death of Rekha on account of her getting of string burnt in the kitchen room. Having gone through the entire record and having heard the learned Dy. Govt. Advocate fully, no ground is made out to show how the impugned judgment suffer from any infirmity calling for interference in the acquittal recorded by the Sessions Court. Consequently the appeal is dismissed and the order of acquittal is confirmed. The respondents are on bail, their bail-bonds are discharged.