STATE Vs. MITTALAL NAHAR

JUDGEMENT

(1.) THE State through the Public Prosecutor on behalf of the Inspector of Police, C.B., C.I.D., Chengleput Division, has filed this appeal challenging the judgment of acquittal in favour of the respondents 1 to 3 (A-1 to A-3) in respect of the charges framed for the offences under Secs. 120-B, 304-B, 306 and 498-A, I.P.C. against all the three accused, under Secs.203 and 417, I.P.C. against the first accused and under Secs. 3 and 4 of the Dowry Prohibition Act against the accused 1 and 2.

(2.) THE case of the prosecution is this: "On 21.3.1987, one Prabhat Kumari, the deceased, the wife of Gowtham Chand (A-3) committed suicide by hanging from the rod of the ceiling fan in a room on the first floor of the house belonging to the respondents/ accused 1 to 3. THE bolt of the door of the said room which was locked from inside was broken by the accused persons and others by applying the physical force and untied the rope and put the dead body on the cot. THE reason of the death of the deceased was informed as the deceased died due to heart attack. On the complaint of the father of the deceased (P.W.1), the case was registered on 20.4.1987. On the orders of the High Court on the petition filed on behalf of the parents of the deceased, the investigation was taken over by C.B., C.I.D. After finishing the investigation, the charge sheet was filed against all the respondents (A-1 to A-3) for the offences referred to above".

(3.) I have carefully considered the rival contentions.