STATE OF M.P. Vs. SONU

JUDGEMENT

(1.) Acquittal of respondents from the charges under Sections 304- B, 498-A, 34 IPC and Section 3 / 4 of Dowry Prohibition Act has led the prosecution file this application for leave to appeal.

(2.) The respondents who are the husband and parents in law of the deceased Arti were tried for causing murder of her on 08.12.2015 by setting her ablaze for not meeting out dowry demand for which she was harassed. The prosecution story was principally based on the dying declaration Ex.P-12 and the witnesses, Komal Singh (PW-1) father of the deceased, Uma (PW-2) mother of the deceased, Ranjeet (PW-3) brother of the deceased, Naib Tahsildar Gopal Singh Tomar PW-7 before whom the dying declaration was taken on 08.12.2015 at District Hosptial Bhind, Dr. Nikhil Agarwal (PW-10) who conducted autopsy and the FSL report is Ex.P-9.

(3.) As to the harassment allegedly meted out to the deceased, the trial Court found that the prosecution failed to discharge the burden. From the evidence of Komal Singh (PW-1), Uma (PW-2) and Ranjeet (PW-3) the trial Court found that it could not be established. Since the marriage till her death they took any action against alleged harassment. No report to that effect is found to be lodged by these witnesses. The trial Court found that though an independent witness one Lakhan Pal, an acquaintance of the deceased's parents, who arranged the marriage, was found living near the matrimonial house of the deceased, but was not examined to establish that there was harassment to the deceased for the dowry.