1. The State has preferred this revision against the order dated 9.11.2006 passed by the learned Additional Judge, Sihora in S.T. No. 413/06, whereby the respondents were discharged from the charges of the offences punishable under sections 306/and 306/34 of IPC and case was remanded to the Chief Judicial Magistrate for trial of the offence punishable under Section 498-A of IPC.

2. The prosecution’s case relating to the present revision, in short is that, Smt. Mona Bai had expired in the month of April 2006. It is alleged that she committed suicide. It is also stated by her parents, etc. that the respondents were not permitting her to go to her parents’ house, whereas her hushand was in habit to consume the liquor and to assault her.

3. After due investigation, a charge sheet was filed before the J.M.F.C. Sihora, who committed the case to the Sessions Court, Jabalpur and ultimately, it was transferred to the learned Additional Sessions Judge, Sihora. After considering the prosecution’s evidence as available on record, the trial Court discharged the respondents from the charges of the offences punishable under Sections 306 and 306/34 of IPC.

4. After considering the submissions made by the learned counsel for the parties, it is apparent that the doctor, who conducted the postmortem upon the body of the deceased could not give the reason of her death and therefore, it was suspected that she consumed some poisonous substance or she was administered with some poison. Her viscera was preserved, which was sent for the analysis to the Forensic Science Laboratory. Her vaginal swab was also sent for analysis to the Forensic Science Laboratory. Learned Additional Sessions Judge has observed that there was no allegation of the parents and relatives of the deceased relating to dowry demand and therefore, no offence punishable under section 304-B of IPC was made out. He has mentioned that there was no iota of evidence to show that the deceased had committed suicide. Looking to the report of the Forensic Science Laboatory, aluminum phosphide (Celphos) was found in the viscera of the deceased, whereas a merg intimation was given by the respondent No. 1 Keshlal that vomit took place to the deceased on 9.4.2006 and therefore, she was referred to the Hospital, but she expired in the transit. He also suspected in the merg intimation that the deceased Mona Bai died due to consumption of some poisonous substance. There is no allegation of police that the the poision was administered to the deceased and therefore, either the death of the deceased could be accidental or suicidal. It is apparent that there was no possibility for the deceased to consume the poison i.e. celphos by mistake because a smell of poison clearly makes the distinction between the poison and the medicine, therefore, it was not possible for the deceased to take poison by the mistake. Hence, it was not an accidental death. Looking to the merg intimation report and the report received from the Forensic Science Laboratory, prima facia, it was a case of suicide. The learned Additional Sessions Judge has committed an error in holding that it was not proved that the death of the deceased Mona Bai was suicidal in nature.

5. However, the allegations made by the parents and relatives of the deceased were superficial. No specific date was given to show that the deceased was beaten by her husband soon before her death. It is nowhere mentioned as to why she was not permitted to go to her parents’ house. If she was not invited by the parents then, certainly she could not be permitted to visit her parents house on her own. Though, the presumption under section 113-A of the Evidence Act was applicable but no overt act of the respondents as alleged by various witnesses falls within the purview of section 107 of IPC and therefore, prima facia, no offence punishable under section 306 of IPC is made out against the respondents. The findings made by the learned Additional Sessions Judge in that re