GHASI PRASAD GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal preferred by the victim challenging the judgment and order dtd. 7/5/2022 and 12/5/2022, respectively, thereby acquitting original accused nos. 2 to 5 of the offences punishable under Ss. 304B read with 34 and 302 read with 34 of the Indian Penal Code. By the very same judgment and order, accused no. 1 Dinesh Sah, who happens to be husband came to be convicted of the offence punishable under Sec. 304B of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years.

(2.) Heard the learned counsel appearing for the appellant at sufficient length of time.

(3.) By drawing our attention to evidence of P.W.2 Santosh Kumar Gupta, P.W.3 Kaushaliya Devi, P.W.4 Prema Devi, P.W.5 Ramsewak Rajbhar, P.W.6 Ghasi Prasad Gupta and P.W.9 Paras, it is argued that the prosecution has proved torture by the accused to the deceased. It is further argued that death within three years of marriage is undisputed fact and therefore the acquittal is illegal. It is further argued that the learned Trial Court has acquitted the respondent nos. 2 to 5 by holding that date of demand of dowry has not been mentioned by the witnesses.