Laduri vs State, Through PP And Ors

The instant appeal under Section 372 Cr.P.C. has been filed by the complainant-appellant Laduri being aggrieved of the judgment dated 13.09.2018 passed by learned Addl. Sessions Judge No.2, Abu Road, in Sessions Case No.01/2018 (09/2014) (CIS No.138/2014) whereby the respondent Joga Ram was acquitted from the charge under Section 302 IPC.

We have heard the arguments advanced by learned counsel Shri Vikram Singh and have gone through the impugned judgment.

We find that the incident dated 27.11.2010, involving the death of Hona, husband of the appellant which was allegedly caused by forcible drowning took place about a year before lodging of the complaint which came to be filed in the court of Judicial Magistrate, Abu Road as late as on 10.01.2012. The trial court appreciated the entire evidence available on record and held that the prosecution story regarding the deceased having been forcibly drowned to death was totally fictitious and cooked up one.

In the initial inquest inquiry, the statements of Bhaga, the father of the deceased, his wife (the appellant herein) and his son Sawaram were recorded wherein they expressed that the deceased had died by drowning but did not cast any suspicion on anyone regarding the death. In the belated complaint, an allegation was levelled that a Panchayat was convened wherein flowers placed by the persons present fell down and thus an inference of guilt was sought to be drawn against the accused-respondent.

As per the evidence of Dr. Hanwant Singh (PW.12), the cause of death of Shri Hona was opined to be mechanical asphyxia caused by ante-mortem drowning. The highest allegation of the prosecution as against the accused-respondent was that he was seen going with the deceased Hona after both had consumed liquor together. No motive for committing murder has been attributed to the accused-respondent. Admittedly, the cause of death of Hona was drowning and was not associated with any violence.

In this background and having appreciated the findings recorded by the trial court in the impugned judgment dated 13.09.2018, we are of the firm opinion that there is nothing on record which can satisfy the Court that the death of Hona was homicidal in nature. The impugned judgment is based on a thorough and apropos appreciation of the evidence available on record and we find no justifiable reason to interfere therein.

Accordingly, the instant appeal against acquittal is dismissed being devoid of merit.