(1.) THIS application under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (in short, 'the Code ') is directed against the judgment of acquittal passed on 27.9.1997 by Shri Shiva Shankar Sharma, 9th Additional Sessions Judge, Patna in S.T. No. 482 of 1996. By this judgment and order, the learned trial Court acquitted opposite -party Nos. 2 to 6 of the charges under Sections 304 - B and 498 -A of the Indian Penal Code and also under Sections 3/4 of the Dowry Prohibition Act, for causing the death of one Anamika Kumari @ Renu on account of non - fulfilment of demand of dowry.
(2.) THE prosecution case, in short, is that the present petitioner, as informant, had submitted his written report to police on 7.4.1995 alleging therein that the deceased Anamika Kumari, the daughter of the petitioner was married to opposite -party No. 3, Shivendu Shekhar Singh on 27.1.1993. Opposite Party No. 2, Surendra Mohan Singh, the father of opposite -party No. 3 had given a list of various articles to the petitioner before the solemnisation of the marriage whose estimated value was about Rs. 1,00,000/ -. Since the financial condition of the petitioner was not sound he could not satisfy the demand of opposite -party Nos. 2 and 3. Even after the marriage the demand for those articles was repeated by opposite -party No. 2. When the informant failed to fulfil the demands of the opposite -party they started torturing the deceased -Anamika Kumari both mentally adn physically. The petitioner was not allowed to meet the deceased. When on 5.4.1995 he came to take the deceased with him on the occasion of the marriage of his second daughter opposite -party refused to allow the deceased to accompany him. When Anamika Kumari intervened and protested to the opposite -party she was physically assaulted by them in presence of the petitioner.
(3.) PWS 4, 8 and 9 have fully supported the case of the prosecution. PW 7 is a Judicial Magistrate who recorded the statements of the witnesses under Section 164 of the Code. There was sufficient evidence on record to prove the charges against the members of the opposite -party. The learned Court below, however, did not rely on the evidence of PWs 4, 8 and 9, and acquitted the members of the opposite -party.