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2016 Supreme(Pat) 617

IN THE HIGH COURT OF JUDICATURE AT PATNA
I.A. ANSARI, RAVI RANJAN, JJ.
Bhagmani Devi, wife of Suraj Prasad Sah @ Suraj Prakash Sah - Appellant
Versus
The State of Bihar & Ors. - Respondents
Criminal Appeal (DB) No. 577 of 2016
Decided On : 05-10-2016

Advocates:
Advocate Appeared:
For the Appellant : Mr. Anil Kumar Roy
For the Respondents: Mr. Abhimanyu Sharma

Headnote:Indian Penal Code, 1860–Sections 302/34, 304/(B)/34, 201/34 and 120(B)–Code of Criminal Procedure, 1973–Section 372–Dowry death–Appeal against judgment of acquittal–Allegation of suspected death of deceased–Trial court holding case of prosecution doubtful on point of death of victim acquitted accused appellants–It transpires that evidence of witnesses examined by prosecution including informant and riddled–None of ten witnesses admittedly witnessed any occurrence or seen dead body of deceased–None of witnesses could say that he witnessed that victim was last seen with accused–It is impossible to rely on evidence adduced by prosecution–Even Police Officer who initiated investigation after registration of police case, conceded during cross-examination that nothing material came before him which would indicate that victim had been done to death by accused persons–I.O., who filed chargesheet, has also deposed that there was no credible evidence of death of deceased victim and he had filed charge-sheet against accused person on being so instructed by senior officer–Appeal dismissed. (Paras 7 to 15)

       Criminal Law–Acquittal–It is settled position of law that if prosecution, through its witnesses, present irreconcilable and mutually destructive versions of incident, accused persons would be entitled to acquittal. (Para 16)

       Criminal Law–Appeal against acquittal–If two reasonable conclusions are possible on the basis of evidence on record, appellate court should not interfere with acquittal recorded by trial court. (Para 15)

       (2009)17 SCC 55; (2008)10 SCC 450; (2014)12 SCC 321–Relied.

JUDGMENT :

I.A. Ansari, J.

Seven accused persons were tried by the learned Additional Sessions Judge-IV, Buxar, for offences alleged under Sections 302/34, 304(b)/34 , 201/34 and 120(b) of the Indian Penal Code, 1860. All the accused-respondents were acquitted of all charges by the judgment and order, dated 02.03.2016, passed by the learned Additional Sessions Judge-IV, Buxar, in Sessions Trial No. 196 of 2011+ 90 of 2012, arising out of Nawanagar P.S. Case No. 60 of 2008. This appeal, under Section 372 of the Code of Criminal Procedure, 1973, is brought by the informant, in Nawanagar P.S. Case No. 60 of 2008, (hereinafter referred to as ‘the FIR’), against the acquittal of the said accused-respondents , namely, Sumudri Devi, Chandrama Prasad, Mahavir Sah, Krishna Devi, Rinku Devi, Birendra Sah and Janak Sah.

2. The case of the prosecution, as unfolded by the First Information Report, may, in brief, be described as under:-

(i) Nawanagar P.S. Case No. 60 of 2008 came to be registered, under Sections 304(b), 120(b), 201/34 of the Indian Penal Code, on the basis of a complaint filed on 14.03.2007 (hereinafter referred to as ‘the second complaint’), wherein the complainant, namely, Bhagmani Devi, alleged that her daughter, namely, Priyanka Devi, had filed a complaint petition (hereinafter referred to as ‘the first complaint’), under Sections 498A and 379 of the Indian Penal Code, which led to registration of Nawanagar P.S. Case No. 46 of 2006. Later on, a compromise petition was filed, in the first complaint case, on 28.07.2006, and the complainant of the first complaint, Priyanka Devi, was taken to her matrimonial house by the accused persons on 04.12.2006. Priyanka Devi was presented before the Court, on 14.12.2006, by the accused persons and, thereafter, again, she was taken by the accused persons to her matrimonial house.

(ii) It is alleged that when the complainant of the second complaint, namely, Bhagmani Devi, went, on 28.06.2006, and, again, on 13.12.2006, along with her husband and her son, to the matrimonial house of Priyanka Devi to meet her daughter, the accused persons did not allow them to meet Priyanka Devi. Thereafter, Bhagmani Devi, along with her family members, went to the police station and they, accompanied by one Inspector, went to the matrimonial house of Priyanka Devi, but none of the accused persons were found there.

(iii) Bhagmani Devi, believing that her daughter had been killed by the accused persons, gave information to the Superintendent of Police, Sasaram, and filed a Complaint, on 14.03.2007, which gave rise to Navanagar P.S. Case No. 60 of 2008, registered under Sections 304(b), 120(b), 201/34 of the Indian Penal Code.

(iv) Upon investigation, police submitted charge sheet, under Sections 304(b), 120(b), 201/34 of the Indian Penal Code, against the accused persons aforementioned and accordingly cognizance was taken and case was committed to the Court of Session for trial.

3. the accused respondents under Sections The learned Trial Court framed charges against 304(b)/34, 120(b), 201/34 and 302/34 of the Indian Penal Code and explained the charges so framed to accused respondents, who pleaded not guilty. The trial, accordingly, commenced. In support of their case, prosecution examined as many as 10 (ten) witnesses. The accused, in their examinations under Section 313 (1) (b) of the Code, denied that they had committed the offences, which were alleged to have been committed by them and that Priyanka Devi has been married to some other person by her parents and they have been implicated in this case due to previous enmity.

4. Mr. Anil Kumar Roy, learned counsel appearing for the appellant, assailing the judgment under appeal, has submitted that the learned trial Court has not appreciated the evidence correctly and, therefore, the impugned judgment needs to be interfered with. The grievance of the present appellant is that the learned trial Court has erred in acquitting the accused-respondents in a hyper technic





















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