The judgment underscores the requirement for substantial evidence to establish criminal charges and the significance of the burden of proof in criminal proceedings.

Heard the learned counsels for the appellant, the informant and the State.

2. The appellant/Manoj Kumar has been convicted under Section 306 of the Indian Penal Code by judgment dated 26.08.2017 passed by the learned Additional Sessions Judge VII, Danapur, Patna in Sessions Trial No. 179 of 2016 arising out of Paliganj P.S. Case No. 208 of 2014 and by order dated 30.08.2017, he has been sentenced to undergo R.I. for five years, to pay a fine of Rs. 5000/- and in default of payment of fine, to further suffer S.I. for six months for the offences under Section 306 of the IPC.

3. The appellant is said to have goaded his wife Pinki Kumari to commit suicide.

4. Initially, case was filed under Sections 341, 323, 307, 498A, 201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act but with the death of the deceased, Section 304B of the IPC was added.

5. Apart from the appellant, two other persons viz. his mother and sister were also put on trial but they have been acquitted of all the charges.

6. The father of the deceased, Rajeshwar Singh (P.W. 1) lodged a fardbeyan on 09.09.2014 alleging that he had married his daughter about a year back with the appellant. At the time of marriage, sufficient gifts by way of money and articles were given to the family of the appellant. After about 2-3 months of the marriage, a demand of Rs. 3 lakhs was regularly being made by the appellant and his mother and sister. Non-fulfillment of the aforesaid demand led to the physical and mental torture of his daughter. The daughter of the informant (P.W. 1), at one point of time, came in family way and she had to be hospitalised. During that period, despite the informant (P.W. 1) asking the appellant and his family members to come to the hospital to see her, nobody came. His daughter thereafter again went to her matrimonial home. On 08.09.2014, at about 7 o’clock in the evening, co-villagers of the appellant informed him that his daughter has been set on fire by pouring petrol over her. On such information, P.W. 1 went to the house of the appellant where he was informed that his daughter is being treated at Patna. In the house of the appellant, the informant could only find a small burnt piece of cloth. There was no evidence of any fire in kitchen. The gas cylinder also was found to be intact. The informant thereafter came to Patna on 09.09.2014 and visited her daughter in Maurya Hospital, New Jaganpura on the Bypass Road. His daughter was unconscious and had suffered almost 100 percent burn injuries. The appellant, his mother and his sister were present at the time of occurrence in their village home. All of them had conjointly made attempts to kill the deceased. In the past also his daughter was tortured by the mother and sister of the appellant. As such, it was asserted by the informant (P.W. 1) that the appellant and others have killed the deceased.

7. On the basis of the aforesaid fardbeyan statement, a case vide Paliganj P.S. Case No. 208 of 2014 dated 15.09.2014 was instituted for the offences under Sections 498A, 307, 201, 341, 323 and 34 of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. The deceased died after about a week i.e. on 14.09.2014 whereafter Section 304B of the Indian Penal Code was added.

8. The trial court, after examining ten witnesses on behalf of the prosecution and one on behalf of the defence, did not find any material to convict the appellant under Section 304B of the IPC and therefore acquitted him of such charge. However on the materials available on record, the appellant has been convicted under Section 306 of the Indian Penal Code and has been sentenced as aforesaid. The other two accused persons who were put on trial, as has been stated earlier, have been acquitted.

9. The informant has been examined as P.W. 1. One of the cousins of the informant (P.W. 1) though had not given his statement before the police but has been chosen by the prosecution to enter the witness box and de