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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, ASHOK KUMAR PANDEY
Ram Lal @ Ram Lal Singh, Son of Late Hari Kishun Singh @ Late Hari Kishan – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(RAJEEV RANJAN PRASAD, J.)
Heard learned counsel for the appellant, learned counsel for the Respondent No. 2 (in short ‘R-2’) and Respondent No. 3 (in short ‘R-3’) as also learned Additional Public Prosecutor for the State.
2. This appeal has been preferred for setting aside the judgment dated 07.02.2024 (hereinafter referred to as the ‘impugned judgment’) passed by learned Additional Sessions Judge-XI, Kaimur at Bhabhua (hereinafter referred to as ‘the learned trial court’) in Sessions Trial No. 297 of 2019 (arising out of Ramgarh P.S. Case No. 168 of 2019). By the impugned judgment, the learned trial court has been pleased to acquit R-2 and R-3 and discharges them from all the charges.
Prosecution Case
3. The prosecution case is based on the written application dated 16.07.2019 (Exhibit ‘2’) submitted by Ram Lal Singh who happened to be the father of the deceased. He has been examined as PW-4 in course of trial. In his written application, the informant (PW-4) has alleged that his daughter Divya Singh was married to Tej Bahadur Singh (R-2) on 26.06.2012. Soon after the marriage, she was being tortured for demand of dowry by her husband Tej Bahadur (R-2), bhaisur Vir Bahadur
In cases based on circumstantial evidence, all circumstances must conclusively establish guilt beyond reasonable doubt; any gaps can benefit the accused.
Appeals against acquittal warrant interference only if trial findings perverse or impossible; circumstantial case fails without complete chain excluding innocence, as here due to witness inconsistenc....
Murder – Only on the basis of post-mortem report there cannot be conviction for offence punishable under Section 302, I.P.C.
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
The court determined that inconsistent dying declarations and lack of corroborating evidence preclude conviction, emphasizing the burden on prosecution to prove guilt beyond a reasonable doubt.
Prosecution must establish allegations of dowry death beyond reasonable doubt; inconsistencies and unjustified delays lead to acquittal.
The prosecution must establish clear evidence of abetment for a conviction under Section 306 IPC, as mere harassment does not suffice.
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