The appellate court upheld that an acquittal can only be reversed if guilt is proved beyond reasonable doubt, affirming legal principles regarding the burden of proof in dowry death cases.

Judgment/Order :

Sangeeta Sharma, J.

1. The instant D.B. Criminal Appeal No. 177/2004, State of Rajasthan vs Banshi Lal under Section 378 (I)(III) Cr.P.C. has been preferred by the appellant-State, assailing the judgment dated 24.04.2003 passed by the learned Additional District and Sessions Judge, Fast Track, Laxmangarh, District Alwar in Sessions Case No.107/2002, whereby, respondent-accused was acquitted for the offences under Sections 304 -B and 498-A of IPC .

2. During the course of arguments, learned counsel appearing for the State submitted that evidence of PW.2 Dharmo Bai and PW.3 Ashok Kumar i.e. mother and brother respectively of the deceased produced by the prosecution was credit worthy but the learned Trial Court had erred in appreciating the evidence in right perspective and wrongfully acquitted the respondent-accused Banshi Lal.

3. Learned counsel appearing for the State has also submitted that it is a case in which a young woman died due to dowry demands, the marriage was one year old and death was unnatural.

4. The brief facts of the case are that deceased Smt. Laxmi the sister of the complainant PW.3 was married to respondent-accused in the year 1993 and on the fateful day of 19.02.1994, she consumed poison. Indisputedly, on seeing foam coming out of the mouth of Laxmi, respondent-accused the husband of the deceased, immediately rushed his wife Smt. Laxmi to the hospital for treatment, where he made all the arrangements required for her treatment and the duty doctor did his best but despite all efforts she could not be saved. It is also not in dispute that respondent-accused informed the members of his in laws family in time and PW.2 Dharmo Bai-mother and PW.3 Ashok Kumar- brother of the deceased reached to the hospital. Simultaneously the duty doctor PW.1 Dr. S.K. Garg also informed the police and inquest proceedings(Ex.6) were carried out in the presence of PW.2 and PW.3 respectively-mother and brother of the deceased but at that point of time they raised no objection/suspicion regarding the death of the deceased- Smt. Laxmi and she was cremated in their presence.

5. On the basis of above facts, FIR was lodged on 20.02.1994 and investigation commenced accordingly. After investigation, police filed a charge-sheet against the respondent-accused under Section 304 -B and 498-A of IPC . During the course of trial, evidence of 8 prosecution witnesses was recorded and 11 documents were exhibited on behalf of the prosecution, thereafter, the accused-respondent was examined under Section 313 Cr.P.C. in which he denied the suggestions put to him and examined DW.1 Amir Chand in support of his defence.

6. After hearing both the parties as well as considering the evidence and material available on record, the learned Trial Court acquitted the respondent-accused of the charges by a detailed judgment dated 24.04.2003 which is the subject matter of the present appeal.

7. The witness PW.1 Dr. S.K. Garg has categorically stated that on 19.02.1994 at 2.00 pm, Smt. Laxmi Bai was brought to the hospital in a critical condition by her husband and family members. He reiterated the fact that he tried his level best to save the life of Smt. Laxmi but despite all efforts she could not be saved and died at 3.40 pm. On that very day at 4.30 pm post mortem was conducted by a medical Board in which he was one of the member and post mortem report Ex. P.3 was prepared.

8. During the course of examination, PW.1 Dr. S.K. Garg stated that he informed the concerned SHO, Police Station, Go