The State of Madhya Pradesh vs Sanju Alias Sanjeev Singh

N.K. Gupta, J.—Heard on admission. The State has preferred the present application for grant of leave to appeal against the judgment dated 30.9.2011 passed by the learned Additional Sessions Judge, Anuppur in S.T. No. 12/2009, whereby the respondent was acquitted from the charges of offence punishable u/s 306 of IPC.

The prosecution''s case, in short, is that, the deceased Sunita was residing with the respondent as a keep. On 17.3.2009, it was found that she was hanging. She committed suicide by hanging. The information was given to the police and after preparation of various memos, her body was sent for post-mortem. In the post-mortem report, it was found that she died due to hanging. It was alleged that the deceased was married to the respondent, 16 years prior to her death. Her Gauna took place 13 years prior to her death and thereafter, due to some quarrel, she was working as a teacher in Saraswati Shishu Mandir. However, the respondent was often assaulting her after consuming some liquor and he pressurized her to eat chicken etc. and therefore, she committed suicide.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case, it was also challenged during the trial that the deceased was not the wedded wife of the applicant and she was a keep. However, since she died after 16 years of her alleged marriage, therefore, no presumption u/s 113-A of Evidence Act could apply in the either case if she was married or if she was not married. The allegations made against the respondent were not as such, so that they could come within the purview of sections 107 or 109 of IPC. If the respondent was pressurizing the deceased to eat chicken etc. or he was assaulting her after consuming liquor then, she was working as a teacher and she could reside separately. There were so many options open to the deceased and therefore, it cannot be said that the respondent did not leave any option except to commit suicide before the deceased. Under such circumstances, if the trial Court found that no offence punishable u/s 306 of IPC is made out against the applicant then, it cannot be said that any illegality has been committed by the learned Additional Sessions Judge.

There is no basis by which the appeal of State may get success, if it is admitted. Under such circumstances, there is no need to grant leave to appeal. Consequently, leave to appeal is hereby refused. A copy of the order be sent to the trial Court alongwith its record for information.