DHANIRAM PATHAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This acquittal appeal preferred by the Appellant/complainant arises out of the judgment dtd. 5/12/2015 passed by the Sessions Judge, Raipur, C.G. in Sessions Trial No.301/2013, whereby the learned trial Court acquitted the accused persons/respondents No.2 to 8 herein of the charge under Sec. 304-B in alternative Sec. 304 read with 34 of Indian Penal Code (for short 'IPC').

(2.) Case of the prosecution, in brief, is that on 12/7/2013, respondent No.2 Satish Dubey took his wife/deceased-Anjani Dubey to B.R. Ambedkar Hospital, Raipur where she was declared brought dead by the Doctor and information about the same was given to Police Station, Moudhapara, Raipur, pursuant to which, merg intimation vide Ex.P-21 was recorded. Inquest proceedings were conducted vide Ex.P-4 and dead body of the deceased was sent for postmortem examination where PW-11 Dr. S.K. Bhagh conducted the postmortem examination and gave his report vide Ex.P-17. According to PW-11 Dr. S.K. Bhagh, cause of death of deceased was asphyxia as a result of hanging. Thereafter, on 15/7/2013, PW-2 Dhaniram Pathak, father of the deceased, lodged at written report (Ex.P-2) at Police Station Pandri-Mowa, Raipur stating therein that marriage of her daughter/deceased- Anjani Dubey was solemnized with respondent No.2 Satish Dubey on 7/6/2011 according to Hindu Rites and Rituals. Soon after the marriage, her daughter/deceased-Anjani Dubey joined her matrimonial home and after some time of marriage, accused persons started torturing and harassing her mentally and physically for brining insufficient dowry and also used to abuse and commit marpeet with her by saying that she did not bring a motorcycle in dowry and also forced her to bring money from her parental home, upon which, he had given a sum of Rs.52,000.00 to respondent No.2 Satish Dubey. After that, on 12/7/2013, respondent No.2 told him over telephone to take his daughter/deceased back and upon inquiry from a relative, he came to know that her daughter/deceased has died. On the basis of written report (Ex.P-2), FIR (Ex.P-6) has been registered against the accused persons/respondent Nos. 2 to 8. During investigation, vide Ex.P-1, pieces of scarf (Dupatta), a sickle, a suicidal note and pages of register were seized and spot map was prepared vide Ex.P-7.

(3.) Statements of the witnesses were recorded and after completing investigation, charge sheet was filed against the accused persons/respondents No.2 to 8 before the concerned trial Court under Sec. 304-B in alternative Sec. 304-B read with 34 of IPC. Accused persons/respondents No.2 to 8 abjured their guilt and prayed for trial.