RAJENDRA PRASAD KACHHI Vs. MONU KACHHI

JUDGEMENT

(1.) This appeal under Sec. 372 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C) is filed by the complainant being aggrieved of judgment dtd. 10/11/2022 passed by learned Second Additional Session Judge, Sihora, District-Jabalpur in Sessions Trial No.100396/2014 acquitting the accused persons from the charges under Ss. 120-B r/w. 302 in alternative 304-B in alternative 34, 498-A of the Indian Penal Code, 1860 (for short "I.P.C") and 3/4 of Dowry Prohibition Act.

(2.) The prosecution case is that, on the basis of information given by Indal (Exhibit P/20) regarding the dead body of a woman lying between Kilometer Nos. 1021/56, an investigation was initiated by the Sub-Divisional Officer of Police, J.S. Bisen (PW-21). During the course of investigation, it was revealed that the deceased, Rani alias Parvati Kachhi, was married to accused Monu Kachhi on 17/2/2014 at Village Pauda according to Hindu rites and customs. Dowry was given by her parents according to their financial capacity. After the marriage, the deceased was allegedly subjected to physical and mental cruelty by her husband Monu Kachhi, mother-in-law Sulochanabai, father-in-law Ramesh Kumar Kachhi, and brother-in-law Lakhanlal Kachhi on account of bringing insufficient dowry. It is alleged that they demanded Rs.1,00,000.00 and also took away her jewelry. Approximately two months prior to the incident, the deceased was residing at her parental home in Deori Khurd. On 1/5/2014, she accompanied her parents to attend the marriage of her uncle's daughter. Accused Monu Kachhi and Ramesh Kumar Kachhi were also present at the said ceremony. During the marriage function, accused Monu Kachhi took the deceased on his motorcycle, and she did not return thereafter. On 2/5/2014, the dead body of the deceased was found under suspicious circumstances on the railway track near Jujhari Railway Gate.

(3.) The First Information Report (Ex. P/38) was recorded by Sub- Divisional Officer of Police J.S. Bisen (PW-21). During the investigation, statements of witnesses were recorded. Wedding invitation cards were seized vide seizure memo Exhibit P/2. Accused Ramesh Kumar Kachhi, Monu Kachhi, and Sulochanabai were arrested, and arrest memos Ex. P/39, P/40, P/41, and P/42 were prepared. Intimation of arrest was given vide Exhibit P/43. Sub-Divisional Officer of Police D.L. Tiwari (PW-20) prepared the spot map (Ex. P/9) and conducted panchnamas (Ex. P/3 and Ex. P/11). The dead body was searched vide panchnama Ex. P/4, and articles were seized vide seizure memos Ex. P/15, P/6, P/12, and P/5.