PRADEEP NANDRAJOG, J.(Oral)

1. The State is aggrieved by the impugned judgment and order dated 11.4.2007 acquitting the accused of offences punishable under Sections 304- B/498-A/406/34 IPC.

2. The deceased Rekha was married to A-2 Anoop Gupta on 21.11.1996. She committed suicide on 28.2.2000. Statements of her father and brothers were recorded by the Sub-Divisional Magistrate because Rekha had died within seven years of her marriage. They stated that the husband of the deceased, her father-in-law A-1, her mother-in-law A-3 and her brother-in-law A-4 used to treat her with cruelty and used to torture her on account of bringing insufficient dowry in spite of the fact, they had spent lavishly at the wedding and due to said cause Rekha had committed suicide.

3. On the basis of the statements made by the father and brothers of the deceased, an FIR was registered under Sections 304-B/498-A/406/34 IPC. During investigation a diary, Ex.P-1, was recovered. The writing thereon is admittedly in the hand of the deceased; a fact admitted by the father and brothers of the deceased. A writing Ex.P-2 near the bed side of the deceased was found. It is not in dispute that the said writing is in the hand of the deceased and is a suicide note.

4. The case of the prosecution obviously hinged upon the testimony of the father and brothers of the deceased and above all the diary maintained by the deceased as also the suicide note.

5. Discussing the diary maintained by the deceased, learned Trial Judge has discussed the writings therein in para 22 of the decision. The same reads as under: 22. As already observed herein above, the prosecution and the defence have relied heavily on the diary Ex.P2 maintained by the deceased. The contents of the same were read out in open by the Ld.APP as well as the Ld. Defence counsel. There is not an iota of allegation in the said writings that the accused ever demanded any dowry from the deceased. In fact all the writings are addressed by the deceased to her deceased young brother Golu who was already dead at the time when those writings were written which fact is itself clear from a bare perusal of the said writings. There is only a single incident (A-54) mentioned by the deceased wherein she wrote, addressing to her said younger brother (True English Translation). Do you know that on the New Year day what gift I had received. One slap. Alas, I am entitled only for this. What else could an evil and destitute like me could have got. In all other writings she have been requesting her deceased brother to return back or else threatened to come to him. All the writings cannot be reproduced here but a mere reading of the same shows that she was not only deeply attached with her deceased brother but was emotionally broken and was immensely depressed. However, in one such writing (A-59) she again wrote that she should not have been married and therefore, her brother Golu would not have left her. This writing is also addressed to Golu. She further wrote that she does not want to live but could not die because of her child Meetu and that only her husband loves her and in case, her husband stop loving her she would come to him (Golu) with her daughter. Similarly, in the writing (A-64) and (A-65) the deceased again while addressing to her deceased brother showed her intention to commit suicide but further mentioned that her husband i.e. accused Anoop loves her too much and that was the reason that she wants to die. She also wrote that her mother in law met her maternal aunt in a marriage and she praised the deceased like anything which was conveyed to her by her maternal aunt.

6. Learned Trial Judge had additionally noted that PW-1, father of the deceased, on cross-examination had admitted that the deceased was admitted at Vidya Sagar Institute of Mental Health and Neuro Sciences on 14.1.1996 (i.e. nearly 10 months before she was married) and that she remained admitted at the said Institute for a day.

7. Pertaining to the e

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