Inadmissible evidence cannot be used to draw inferences and hold the accused guilty of the alleged offense.

ORDER :

Shree Chandrashekhar, J.

The State of Jharkhand has challenged the judgment of acquittal in S.T Case No. 277 of 2008/S.T Case No. 53 of 2009 passed by 1st Additional Sessions Judge, Singhbhum East at Jamshedpur.

2. Satya Narayan Agarwal who is the informant of Mango PS Case No. 96 of 2008 has preferred Criminal Revision No. 854 of 2010 challenging the judgment passed in the aforesaid sessions trials.

3. On 3rd April 2008, the fardbeyan of Satya Narayan Agarwal who is the father of Babita Agarwal was recorded by B.L. Das who was posted as ASI, Police Camp at T.M.H. On that basis, a First Information Report was lodged against Naresh Chaudhary who is the father-in-law, Sulochana Chaudhary who is the mother-in-law, Akhilesh Chaudhary who is the brother-in-law and Manish Kumar Chaudhary who is the husband of Babita Agarwal for committing dowry death in prosecution of the criminal conspiracy and for causing disappearance of her dead body.

4. Initially a charge-sheet was laid against Manish Kumar Chaudhary and on that basis S.T Case No. 277 of 2008 was registered against him. Later on, Naresh Chaudhary, Sulochana Chaudhary and Akhilesh Chaudhary were also put on trial pursuant to charge-sheet no. 122 of 2008 and, accordingly, S.T Case No. 53 of 2009 was registered. Both the sessions trials were amalgamated and a common charge under sections 304-B/34 and 201/34 of the Indian Penal Code (in short, IPC) was framed against the accused persons who denied the charge and claimed trial.

5. During the trial, the prosecution has examined 11 witnesses out of whom PW1 Shanti Devi, PW2 Mamta Bageria, PW3 Mukesh Kumar Agarwal, PW4 Mulchand Bidoliya and PW5 Satya Narayan Agarwal are the close relatives of the victim woman.

6. The defence set-up by the accused persons is of false implication and they have denied demand of dowry and ill-treatment of Babita Agarwal at their hands.

7. The trial Court has held as under:

“16. From the perusal of the record, statements of the witnesses and after hearing of both the parties, considering all the facts, circumstances and the evidence on record. It appears that though the prosecution has been able to prove that the death of the daughter of the informant had occurred within 7 years of her marriage with the accused Manish Kumar and the death had occurred otherwise than under normal circumstance, but the prosecution has failed to establish that soon before death she was subjected to curelty or harassment by the accused persons or their relatives for or in connection with any demand of dowry.

18. Accordingly, on the basis of above discussion come to this conclusion that the prosecution could not establish the charges leveled against the accused persons beyond all shadows of reasonable doubt and benefit of doubt always goes in favour of the accused. As such the accused Manish Kumar Chaudhary, Akhilesh Chaudhary, Naresh Chaudhary, Sulochana Chaudhary are hereby acquitted from the charges leveled against them u/s 304B/34, 201/34 of the IPC. The accused Manish Kumar Chaudhary, Naresh Kumar Chaudhary, Sulochana Chaudhary are in custody. So, they are set forth at their liberty forthwith, if they are not required to be detained in connection with other case. Issue R/O. So, far as the other accused Akhilesh Chaudhary is concerned, he is on bail so he is discharged from the liabilities of his bail bonds. Sureties are discharged.”

8. The trial Court has scrutinized the testimony of PW5 and other related witnesses and recorded a finding that PW1, PW2, PW3 and PW5 could not give the date when dowry was given to the accused persons and they have stated in the Court that the amount of dowry was kept in the house. The trial Court has referred to fardbeyan of PW5 and with reference to the statement made by him that his daughter was treated well in her matrimonial home for about 2½ months formed an opinion that after September 2007 the accused persons started demanding dowry and caused ill-treatment and torture of Babita Agarwal. T