In cases based on circumstantial evidence, all circumstances must conclusively establish guilt beyond reasonable doubt; any gaps can benefit the accused.

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 Singh, father-in- law Hari Singh, sister-in-law Babita Kumari and mother-in-law (R-3). They used to assault her and threaten her to oust her from matrimonial house repeatedly. He did go there for conciliation and returned. In the meanwhile, a son was born out of the wedlock on 25.10.2013. Thereafter, he brought his daughter back to his place. Subsequently, the accused persons requested him to send his daughter back promising that she would not be tortured in future. Then her daughter went to her matrimonial home with her husband. In 2018, when he went to bring her daughter, her husband and father-in-law demanded Rs one lakh and a gold chain which he refused, whereafter they turned down their earlier promise and refused to send her daughter with him. On 03.07.2019, the husband and his family members burnt his daughter alive. Somehow he got to know that his daughter is not at home and after search, he got to know that she is being treated in Ford Hospital, Varanasi. During treatment, his daughter died. On 14.07.2019, all the accused persons fled away. On 15.07.2019, Tej Bahadur (R-2) called from his mobile to his son at 05:43 hours and threatened him to shot them all dead if any case is lodged.

4. On the basis of the written application (Exhibit ‘2’), a formal F.I.R. was registered being Ramgarh P.S. Case No. 168 of 2019 on 16.07.2019 at 16:45 hours which was received in the court of learned A.C.J.M., Kaimur at Bhabhua on 17.07.2019. The formal F.I.R. has been marked as Exhibit’5’.

5. Upon completion of investigation, police submitted a chargesheet bearing number 123 of 2019 dated 31.10.2019 against two accused persons, namely, R-2 and R-3 of this appeal for the offences under Section 302 /34 of the INDIAN PENAL CODE (in short ‘IPC’). The learned Magistrate took cognizance of the offence on 06.12.2019 and the case was committed to the Court of Sessions on 11.12.2019. It appears from the records that in the learned trial Court R-2 and R-3 were read over and explained the charges which they denied and claimed to be tried.

6. In course of trial, the prosecution examined altogether eight witnesses and proved some documents which have been marked Exhibits. The list of prosecution witnesses and the documents marked Exhibits on be