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IN THE HIGH COURT OF CHHATTISGARH
, J
Bhagirathi v. State of Madhya Pradesh
| Table of Content |
|---|
| 1. facts surrounding the conviction and its basis. (Para 1 , 2) |
| 2. arguments regarding the validity of the conviction. (Para 3 , 4 , 5) |
| 3. court observations on necessary proof for abetment. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. the court's ratio decidendi on the failure of prosecution evidence. (Para 12) |
| 5. outcome of the appeal and acquittal of the appellants. (Para 13 , 14) |
1. The Appellants in the present appeal have been convicted for the offence punishable under S.306 IPC and sentenced to undergo RI for 3 years and fine of Rs 1,000/- with usual default stipulations judgment dated 6.7.1999 passed by the Additional Sessions Judge, Mungeli, Distt. Bilaspur (CG) in Sessions Trial No.512/1997.
2. The brief facts are that the deceased Champa Bai was married to Appellant No.2 - Pardesi somewhere in the month of May, 1997 and she died by committing suicide on 17.8.1997 by consuming poisonous substance. A merg intimation in this regard was sent to police station Kondagaon in District. Bilaspur. Later on, on the basis of the investigation, the First Information Report was lodged on 9.9.1997 i e. almost after a month from the date of incident. The Appellants i.e. Appellant No. 1 -
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