The trial court must ensure all relevant witnesses are examined to prevent miscarriage of justice in dowry-related homicide cases.

JUDGMENT :

RAJEEV RANJAN PRASAD, J.

1. Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for the Respondent Nos. 2 to 8.

2. The present appeal has been preferred for setting aside the judgment of acquittal passed on 01.02.2024 (hereinafter referred to as the impugned judgment) by the learned Additional District & Sessions Judge-V, Bhagalpur in Sessions Trial No. 119 of 2019 + Session Trial No. 339 of 2019 + Session Trial No. 223 of 2021 (Trial No. 263 of 2022) arising out of Jagdishpur (Goradih) P.S. Case No. 382 of 2018 dated 22.07.2018 whereby and whereunder the learned trial court has been pleased to acquit Respondent Nos. 2 to 8 of the charges under Sections 304(B)/34, 302/34, 201/34 & 120B of the INDIAN PENAL CODE (in short ‘IPC’).

Prosecution Case

3. The prosecution case is based on the written application of the mother of the deceased (PW-2) addressed to the Deputy Inspector General of Police, Bhagalpur in which she has stated that she had got her daughter married to Shravan Yadav, resident of Bhagalpur in the year 2012 and out of the wedlock, her daughter has got two children. After marriage, her daughter’s husband Shravan Yadav, father-in-law Haldhar Yadav, mother-in- law Kanki Devi, devar Lalan Yadav and Sunil Yadav, Sushil Yadav and Reeta Devi were continuously torturing and beating her daughter for Rupees One Lakh and cow due to which her daughter used to come to her naihar many times to save her life. It is further alleged that six months ago, upon compromise with the husband of her daughter and her in-laws showing good faith, the informant allowed her daughter to go to her sasural and also gave two cows worth Rs.60,000/-, but again the in-laws started assaulting her daughter and harassed her. On 22.07.2018, the informant came to know that her daughter has been murdered by her husband and in- laws, they have concealed the dead body and ran away after locking their house. The informant alleged that she gave written complaint in Goradih Police Station but no action was being taken. This written application was sent to the Officer Incharge of Goradih Police Station to ensure proper action as per law. On being receipt of this written application, Jagdishpur (Goradih) P.S. Case No. 382 of 2018 dated 02.08.2018 was registered for the offences under Sections 304B/201/34 IPC.

4. After investigation, police submitted a charge-sheet bearing No. 172 of 2018 dated 28.11.2018 against Sushil Yadav (respondent no. 7) keeping investigation pending against other accused persons. After receiving this chargesheet, learned Magistrate took cognizance for the offence under Sections 304(B)/201/120(B)/34 IPC vide order dated 13.12.2018. After commitment, Session Trial No. 119 of 2019 was registered on 26.03.2019 in which charges were explained to accused Sushil Yadav to which he denied and claimed to be tried. Accordingly charges under Sections 304(b) /34, 302/34, 201/34 and 120B IPC was framed vide order dated 30.04.2019.

5. Thereafter, police submitted supplementary chargesheet bearing No. 51 of 2019 dated 15.05.2019 against Reeta Devi (Respondent no. 8) keeping investigation pending against other accused persons. After receiving this chargesheet, learned Magistrate finding prima-facie material against her for the offences under Sections 304(B)/201/120(B)/34 IPC vide order dated 21.05.2019 kept the case for supply of police paper. After commitment, Session Trial No. 339 of 2019 was registered on 19.06.2019 in which charges were explained to accused Reeta Devi to which she denied and claimed to be tried. Accordingly, charges under Sections 304(b) /120B/201/34 IPC was framed vide order dated 20.02.2020.

6. Thereafter, police submitted another supplementary chargesheet bearing No. 186 of 2019 dated 05.12.2019 against Shravan Yadav (Respondent No. 2), Lalan Yadav (Respondent No. 5), Sunil Yadav (Respondent No. 6), Haldhar Yadav (Respondent No. 3), Kanki Devi (Respondent No. 4). After re