GOURISHANKAR NEMA Vs. PRABHUDAYAL NEMA

JUDGEMENT

(1.) This is an application under Section 378 (3) of Code of Criminal Procedure for leave to appeal against the impugned judgment dated 14/11/2014 passed by Second Additional Sessions Judge, Narsinghpur in S.T. No. 266/2013 whereby the learned Sessions Judge has acquitted the accused/respondents from all the charges levelled against them. This application is filed by brother of deceased Surekha. The accused/respondents were tried for offences under sections 498-A, 304- B alternatively for commission of offence u/s 302 and 306 of IPC.

(2.) The facts of the case in brief are that deceased Surekha was married with accused Vinod Nema in the year 2010. After the marriage Surekha had gone to house of her husband where she had lived peacefully in the first six months. It is stated that thereafter, the respondents started demanding dowry and harassing the deceased. It is alleged that they used to demand dowry and torture the deceased. It is alleged that when Surekha was pregnant, she was left in her father's house where she had given birth to a female child. On 4/05/2013 applicant who is brother of deceased had gone to the house of respondents at 11.00 AM for taking his sister and there he remained till 3.00 PM. He stated that the accused Vinod was demanding Rs. 1 to 2 lacs for construction of another house. The applicant expressed his inability to fulfill the demand of the accused. It is alleged that the applicant wanted to bring his sister with him but the accused persons did not allow him to take his sister with him because he could not fulfill the demands of the accused persons and he had no option but to return without his sister. It is also stated that on the same day, accused Vinod had informed the applicant on phone that his sister has committed suicide by hanging herself. Immediately, he rushed to the house of the respondents where from his sister was taken to the hospital Gotegaon where she was declared dead. The intimation was given to the police station by the applicant and crime no. 292/2013 for commission of offences under sections 498-A/304-B of IPC and also u/s 3 and 4 of the Dowry Prohibition Act was registered against the accused persons.

(3.) The order of acquittal is challenged by the present applicant, brother of deceased mainly on the ground that the judgment of the trial court acquitting the respondents is wholly erroneously as it is passed without taking into account the prosecution evidence in the proper perspective. The respondents were tried for commission of offences u/s 498-A, 304- B of IPC and for commission of offence u/s 302 and 306 of IPC. In support of the prosecution case, the main witnesses Somnath (PW-1, father of deceased), Gourishankar (PW-6, brother of deceased) and his wife Amrita (PW-9, sister-in-law of deceased) were examined to establish the case of dowry death u/s 304-B of IPC.