LAW FOR ALL

Police case under sec.498 A and 306 I.P.C. ended in acquittal .No appeal is filed. after two years on private complaint , case under sec.302 was taken in to cognizance , trial court convicted main accused and High court acquitted not believing the evidence of child witness and also basing on postmortem report = "I cannot definitely say whether it is a case of suicide or homicide." DW-1, Professor and Head of the Department of Forensic Medicine and Police Surgeon, Medical College, Trichur, has also opined in his medico-legal opinion Ex. D-1 "Under the circumstances, as per the medical evidence, the most likely manner of causation of injuries in this case is self infliction except for the fact that there is always a chance of any mechanical injury to be sustainable by homicidal manner." Thus, the aforesaid opinions of the two medical experts also do not lend assurance to the prosecution story that the death of the deceased was only homicidal. The opinion at page 387 of Modi's Medical Jurisprudence & Toxicology, Twenty-Second Edition, to which reference was made by Mr. Deepak, learned counsel for the appellant-Hamza, does not materially conflict with the expert opinions of PW-4 and DW-1. On the evidence of PW-1 read with the opinions of PW-4 and DW-1, the High Court could not have held that the prosecution has been able to prove beyond reasonable doubt that A-1 killed the deceased by stabbing her on the neck with the help of A-2. In this case, the police itself had investigated and filed a charge-sheet under Sections 498-A and 306 of the IPC against four members of the in-laws of the family of the deceased and found that it is a case of suicide. Thus, this is not a case where the only conclusion that could be drawn considering the entire evidence is that the death was homicidal and not suicidal. - We, therefore, do not find that the view taken by the High Court that A-1 and A-2 were entitled to acquittal is perverse or unreasonable on the evidence on record so as to call for our interference under Article 136 of the Constitution and we accordingly dismiss the appeals.