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Judgment
Heard.
Challenge in this appeal is to the judgment of acquittal rendered by the trial Court in Sessions Case No.161/2009 vide judgment dated 30.3.2010,
acquitting the accused persons of the charges under Sections 302 & 201 Part-I read with Section 34 of IPC.
Deceased Rekha Gupta died by suspected hanging at about 5:30 a.m. on 13.1.2009. Respondent No.1 Santosh Kumar Gupta is the husband and
respondent No.2 Kailashnath Gupta is the father-in-law of the deceased. In the dead body inquest, ligature like mark was seen but in the Postmortem
Report, no ligature mark was found. The deceased's tongue being not protruded in between the teeth, the Doctor (PW-7 Dr. Vidhyabhushan Toppo)
opined that the death may be homicidal. The Investigating Officer did not record any memorandum statement of the accused persons nor the towel or
the pillow, which was allegedly used for smothering, was recovered from the accused persons.
The evidence on which the accused persons were sent for trial for the offence under Sections 302 and 201 Part-1 read with Section 34 of IPC was
the Postmortem Report raising a doubt that the death may be homicidal. However, PW-7 Dr. Vidhyabhushan Toppo admits in his deposition that he
was not of the definite opinion that the death was homicidal.
There is no material in the charge sheet or in the record of the trial Court, by which, it can be conclusively proved that smothering was done by the
accused persons by pressing the nose and mouth of the deceased by means of towel.
In the absence of any conclusive evidence against the accused persons, the trial Judge has rightly acquitted the accused persons of the charges
under Sections 302 and 201 Part-1 read with Section 34 of IPC
There is no substance in the acquittal appeal and hence, it is dismissed.