The prosecution must establish guilt beyond reasonable doubt; mere allegations without corroborative evidence are insufficient for conviction.

JUDGMENT :

(Rajeev Ranjan Prasad, J.)

Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State. Also, perused the trial court’s records.

2. This appeal against acquittal has been preferred by the informant who is father of the deceased (PW-5) for setting aside the judgment dated 18.01.2024 passed by the learned Additional Sessions Judge-III, Vaishali at Hajipur (hereinafter referred to as the ‘trial court’) in Sessions Trial No. 205 of 2013 arising out of Rajapakar P.S. Case No. 30 of 2009 dated 02.03.2009 registered under Sections 304B/34 of the Indian Penal Code (in short ‘IPC’).

Brief Facts of the Case

3. It appears from the trial court’s records that the FIR was registered by virtue of a direction issued by the learned Chief Judicial Magistrate, Vaishali in exercise of his power under Section 156(3) of the Code of Criminal Procedure (in short ‘Cr.P.C.’) in Complaint Case No. 3685/08. The Complaint Case was filed by the informant (PW-5). In the complaint petition, it is alleged as under:-

The informant’s daughter was married to this appellant in the year 2000 and after few days of marriage, the appellant and his family members started demanding one kattha of land in Hajipur as dowry. Due to non-fulfillment of the said demand, the informant’s daughter Babita was being abused and tortured physically and mentally. One Hajipur Town P.S. Case No. 220 of 2007 was registered under Section 498A IPC and Section 3 and 4 of the Dowry Prohibition Act. In the said case, the appellant was granted bail by this Court in Criminal Miscellaneous Case No. 54767 of 2007 on 22.02.2008 after a compromise was made between the parties. It is alleged that after the compromise was made between the parties, the deceased went to her sasural from the Hon’ble Patna High Court itself. It is further alleged that even after compromise between the parties, Babita (daughter of the informant) was being subjected to cruelty and on the date of occurrence, the appellant and his family members killed her and tried to make it a suicide case by throwing her dead body in the well. When the son of the informant Ranjit Kumar went to Rajapakar on 08.12.2008 to investigate about the case, he was forced to sign on a blank paper.

4. After investigation of the case, police did not find sufficient materials to proceed against the accused persons, therefore, a final form was submitted vide Final Form No. 37 of 2010 dated 30.04.2010.

5. P.W.-5 lodged a protest against the submission of final form whereafter the learned Magistrate treated the protest petition as a complaint and registered the same as Complaint Case No. 558 of 2011 in which inquiry was conducted under Section 202 Cr.P.C. Later on, cognizance was taken and the records were committed to the court of Sessions where it was registered as Sessions Trial No. 205 of 2013.

Findings of the learned trial court

6. The trial court framed charges against the sole accused Arvind Kumar Singh for the offences punishable under Sections 498A/34 and 302/34 IPC. The contents of the charges were explained to the accused who pleaded not guilty and claimed to be tried.

7. On behalf of the prosecution, as many as six witnesses were produced and two documents only could be marked. Exhibit ‘1’ is the signature of the complainant on the protest petition and Exhibit ‘2’ is the postmortem report of the deceased. The defence examined four witnesses and proved the statement of Kuldeep Rai (PW-5) recorded under Section 164 Cr.P.C. as Exhibit ‘A’ and the ordersheet of Trial No. 598 of 2008 in sixteen pages as Exhibit ‘A/1’.

8. In his statement under Section 313 Cr.P.C., the accused-appellant explained that he is innocent and after compromise in Hajipur Town P.S. Case No. 220 of 2007, he was living happily with his wife and both were living a happy conjugal life. He further explained that on 08.12.2009, his wife went to defecate but did not return. Her dead body was found in the well.

9. The learned trial cour