STATE OF HARYANA Vs. CHIRAG AND OTHERS

JUDGEMENT

(1.) The instant appeal at the behest of the State of Haryana appellant is directed against the judgment of acquittal dated 16.12.2014 recorded by the Court of Additional Sessions Judge, Karnal whereby the accused (respondents herein) were acquitted of the charge framed against them under Section 304-B IPC.

(2.) As per the prosecution allegations, which ensued on an application moved by PW2 Kanta Rani, mother of deceased Neha Sharma, marriage of her daughter Neha was solemnized with Chirag on 5.3.2011. Neha died an unnatural death on 18.7.2013. Besides being charge sheeted under Section 304-B IPC, the accused were alternatively charged under Section 302/34 IPC.

(3.) Learned counsel for the appellant-State has vehemently argued that necessary ingredients required to be fulfilled to make out a case of dowry death under Section 304-B IPC are duly proved in the facts and circumstances of the instant case, inasmuch, as the unnatural death of a married women had taken place within 7 years of her marriage due to harassment and cruel treatment meted out to her. He has further argued that the learned trial court has wrongly relied upon the statements of the defence witnesses to term it as a case of suicide as the disease, namely, Psoriasis with which the deceased was suffering, was not of alarming nature so as to drive someone to commit suicide.