AWDHESH SINGH Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) This acquittal appeal is directed against the judgment of acquittal dated 27.3.2015 passed by the learned 2nd Addl. Sessions Judge, Deoghar, in Sessions Case No. 261 of 2013 whereby and whereunder the trial court having found that the prosecution failed to prove the necessary ingredients of Sec. 304 -B of the Indian Penal Code, has acquitted the respondents Nos. 2 and 3. The case of the prosecution is that one Daisy (victim), the daughter of the informant Awadhesh Singh (PW -6) had been married to one Shailesh Rai, respondent No. 2. During marriage, dowry was given by the informant as per his capacity. After marriage everything was normal for one year, but thereafter, the accused persons started subjecting Daisy (the deceased) to torture on account of non -fulfillment of the demand of dowry. The informant gave Rs. 20,000/ - (rupees twenty thousand) to the father -in -law of the deceased, so that she be not subjected to torture. In course of time, a baby girl was born in the year 2009 out of the wedlock of the deceased Daisy and her husband Shailesh Rai. Further case is that after the birth of the baby girl, accused persons started subjecting Daisy to torture more vigorously. This was informed by the deceased to her parents telephonically. On 5.6.2012, accused Shailesh Rai informed that Anushka, the daughter of the deceased is not well. On getting information, the informant came to her daughter's house where an unknown person informed him that her daughter Daisy and Anushka have been murdered at 6.30 a.m. and they are being cremated. On getting the information, when the informant and other relatives came to the cremation ghat, they found Daisy and Anushka completely burnt.

(2.) On such accusation, case was lodged which was registered under Ss. 304 -B and 201 of the Indian Penal Code as well as Ss. 3/4 of the Dowry Prohibition Act. The matter was taken up for investigation during which statements of several persons were recorded.

(3.) On completion of the investigation, charge -sheet was submitted against the accused and cognizance of the offence as aforesaid, was taken. When the case was committed to the court of sessions, the accused persons were put on trial during which the prosecution examined altogether seven witnesses. On closure of the prosecution case, when the incriminating evidence appearing against the accused persons were put under Sec. 313 Cr.P.C. they denied it.