STATE Vs. MAHADEV AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred by the State of Delhi against the judgment dated 26.04.2014 of Shri Rajneesh Kumar Gupta, Additional Sessions Judge -01 (West), Delhi in SC No. 104/2010 acquitting the respondents of the charges under Section 498 -A/304 -A/34 Indian Penal Code and in alternative 302 -A/34 Indian Penal Code.

(2.) THE case of the prosecution in nutshell is that Smt. Geeta got married to accused Mahadev on 16.02.2010; that she was subjected to cruelty and harassment being unable to meet the demands of dowry made by the respondents; that on 25.06.2010, she was reportedly brought dead at Deen Dayal Upadhyay Hospital vide DD No. 24 -A; that the statements of the parents of the deceased were recorded by the Sub -Divisional Magistrate, Patel Nagar; that a case under Section under Section 498 -A/304 -B/34 Indian Penal Code was registered, investigation was completed, charge sheet filed; that the respondents pleaded not guilty and claimed to be tried on framing of charges under Section 498 -A/304 -B/34 Indian Penal Code and alternatively under Section 302/34 Indian Penal Code.

(3.) THE prosecution examined sixteen witnesses in all. In their explanation under Section 313 Code of Criminal Procedure, the respondents claimed innocence. Two defence witnesses were also examined in their support.