STATE OF CHHATTISGARH Vs. MAHENDRA KUMAR LONIA

JUDGEMENT

(1.) The State assails acquittal of the Respondents of the charge under Section 304B read with Section 34 IPC dated 11.8.2000 by the Additional Sessions Judge, Bilaspur in Sessions Trial No.50 of 1999.

(2.) Deceased Sunita Lonia, wife of Respondent No.1 was married on 27.4.1996 and died in her matrimonial house in unnatural circumstances on 28.6.1998. The post mortem report, Exhibit P-15 by PW-10, Dr. K.K. Sao reported tongue protruded out from mouth partially burnt, the chest towards left breast and skin was burnt, the skin on the thigh and centre of stomach was burnt and had split leading to the intestine spelling out, the anus was open and there was no carbon particle found in the trachea. The burns were opined to be post mortem, but no definite opinion could be given with regard to the cause of death which was estimated to be 24 to 72 hours earlier. The Additional Sessions Judge arrived at the conclusion that there was no evidence with regard to demands for dowry and cruelty or harassment for that purpose and thus granted acquittal.

(3.) Learned Counsel for the State/Appellant submitted that the Trial Judge erred in holding that there was no evidence with regard to demands for dowry. Reliance was placed on the deposition of PW-1, Laxmi Prasad Lonia, uncle of the deceased, PW-2, Shriram Lonia, father of the deceased and PW-3, Godavaribai, mother of the deceased along with PW-4, Shanti Prakash, PW-5, Bajrang and PW-6, Sanjay Prakash Lonia, cousins of the deceased. It was submitted that a cumulative assessment of their evidence establishes demands for dowry and therefore the Trial Judge was not right in concluding that the prosecution had not proved prima facie demands for dowry and thus the question of shifting the burden onto the accused did not arise. No other argument has been made to assail the acquittal.