STATE OF U P Vs. RAGHVENDRA TIWARI

JUDGEMENT

(1.) We have heard Sri D.I. Fareedi, learned AGA on admission of the present Government appeal which has been directed against judgment of acquittal dated 3.5.2010 passed by learned Additional Session Judge/Special Judge, (E.C. Act), Ghazipur in Session Trial No. 163 of 2008, acquitting the accused respondents of the charges under Sections 498A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act.

(2.) Likewise, we find that there is no evidence indicating that she was ill-treated or tortured for demand of any dowry prior to her death. Thus we find that the most important ingredients of offence under Section 304-B were not established on facts of the case and the defence suggestion that infect Suman was in love with Pankaj, but the lady was married to Raghvendra Tiwari and it was found from one particular document that he had forbidden her husband from touching her also. We have referred to the evidence of Naib Tehsildar, PW-4 and that evidence has been discussed in detail in paragraph 37 of the judgment and this is a clear pointer as to how the deceased had killed herself on being married to a person whom she did not like.