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RITU BAHRI, MANISHA BATRA
State of Haryana – Appellant
Versus
Krishan – Respondent
JUDGMENT
Manisha Batra, J.
The instant application under Section 378(3) of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') has been moved by applicant with a prayer for grant of leave to file appeal against judgment of acquittal dated 24.08.2021 passed by learned Additional Sessions Judge, Jhajjar, in criminal case No.S.C-78 of 2017/2018 titled as State v. Krishan and another, whereby respondents had been acquitted of charges of offences punishable under Sections 304B/302 read with Section 34 and Section 201 of IPC.
2. Broad contours of the case as set up by the prosecution are that on 22.06.2017 on receipt of a telephonic information regarding death of the victim Suman wife of accused Krishan and her dead body being brought back from Oscar Hospital, Jhajjar to her matrimonial home, a police party headed by SI Satbir Singh rushed at the spot wherein the deadbody of the victim was found lying on a cot. FSL team had also reached at the spot. On the same day, PW-1 Amit Yadav, brother of the victim submitted a written complaint alleging therein that the victim Suman got married with accused Krishan Yadav on 05.12.2012. Ever since the very inception of their marriage, his sister wa
Point of Law : If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
In dowry death cases, the prosecution must prove beyond reasonable doubt that the accused subjected the victim to cruelty related to dowry demands before her death, maintaining the presumption of inn....
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
The court affirmed the conviction for murder and dowry death, establishing a proximate link between dowry-related cruelty and the victim's death.
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
The court established the necessity of circumstantial evidence in dowry death cases, affirming convictions for dowry-related offenses but reversing a murder conviction due to insufficient direct evid....
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