Sanjay Yadav, J. - (1.)This appeal at the instance of the State of Madhya Pradesh is directed against the judgment dated 21/08/1998 passed by Additional Sessions Judge Chachoda, District Guna, in Sessions Trial No. 287/1998, whereby the respondent has been acquitted of the charges under Sections 450, 376, 306 and 323, IPC.
(2.)The allegations against respondent as per prosecution were that on 02/06/1997 when the complainant Ramsukhi Bai's (PW-2) husband had gone out to purchase Chaff and her son Narendra (PW-6) had gone to Binaganj to sell the Ox leaving behind complainant and her daughter Kari Bai (the deceased) at home. That at 5:00 p.m. the complainant had gone to attend cattle with fodder and water lached the house from outside. That when complainant came back she saw that the latch was open and the door was latched from inside; which was opened by Kari Bai who told the complainant that the respondent Babulal had outraged her modesty. When asked where he is, she told that he is hiding behind the Box-Bed. The complainant when tried to catch the accused he ran away giving push to her. The complainant went behind him, he dodged and went to attend the cattle. On complaining the matter to the family members, the accused got aggravated and gave one slap over the face of the complainant. The complainant came back home and saw her daughter Kari Bai hanging from the ceiling and despite the call for help since no one came, she brought down the body; and Narendra (PW-6) coming back from Binaganj was sent to fetch his father Mohan Singh (PW-3) from Bisadpur. That Mohan Singh, Ramdayal, Shrilal, Daulat Singh departed at night on 02/06/1997 for the Village Pareva, but because of rains they could reach Pareva in the morning whereafter Mohan Singh (PW-3) along with his wife Ramsukhi Bai (PW-2) came to P.S. Chachoda to lodge report (Ex-P/2) in morning at 8.30 a.m. Merg (Ex-P.7) was recorded by the Town Inspector Surendra Kumar Paliwal (PW.8) under Sections 376, 450 and 306, IPC and after recording the Merg, departed to Pareva, whereafter preparing to inquest (Ex P/8), Map (Ex P/9) sent the dead body of Kari Bai for post mortem and for MLC of the complainant Ramsukhi Bai. The post mortem was conducted by Dr. S.J. Baik (PW-5), who submitted the report (Ex-P/4).
(3.)That after completing formalities and due investigation, charge-sheet was filed.