ASHOK DUBEY Vs. ARUNA TIWARI

JUDGEMENT

(1.) Heard on I.A.No.28200/2025, an application for abatement of appeal qua respondent No.1-Aruna Tiwari W/o Late Krishna Prakash Tiwari. Accordingly, I.A.No.28200/2025 is allowed. Appeal stands dismissed as abated qua respondent No.1-Aruna Tiwari W/o Late Krishna Prakash Tiwari. With the consent of learned counsel for the parties, this appeal is heard finally. Appellant/complainant is aggrieved of the judgment dtd. 8/11/2023, passed by learned Additional Session Judge, Special Court under Electricity Act, Jabalpur, in Session Case No.274/2018, whereby learned trial Court has acquitted the accused persons of the charges under Ss. 304-B and 498-A of IPC.

(2.) As per the facts of the case, learned counsel for the appellant submitted that marriage of Victim took place on 6/12/2013. She committed suicide on 18/3/2018. Thus, since death occurred within seven years of her marriage, there will be a presumption of cruelty associated with dowry and, therefore, the impugned judgment of acquittal needs to be reversed.

(3.) Shri Manas Mani Verma, learned Govt. Advocate for the State, submits that suicide note of deceased is available on record as Ex.D/9, in which she has not made any allegation in regard to demand of dowry. Even, story of the prosecution witness, Ashok Kumar Dubey (PW/1), that jewellery of his daughter was taken away, is proved to be wrong, inasmuch as, deceased had stated in her dying declaration that she had kept certain jewellery and money in her locker and the same may be given to her daughter-in-law i.e. wife of her son at the time of marriage. There is no demand of dowry mentioned in the suicide note. It is also mentioned that she has no complaint from her husband or any of her family members.