The judgment emphasizes the need for substantial and compelling reasons to disturb the finding of acquittal and the duty of the appellate court to re-evaluate evidence to prevent miscarriage of justice.

JUDGMENT :

1. Heard Sri Ram Milan Mishra, learned counsel for the appellant, Sri Vikas Goswami, learned AGA for the State and Sri Vikas Tripathi, learned counsel for respondent informant and perused the record. There is a connected defective criminal appeal which is of the year 2018, preferred by the original informant. This appeal is also heard along with the present appeal.

2. Appeal No. 6058 of 2018 has been preferred by the appellant Mahendra Kumar against the judgment and order dated 25.09.2018 passed by Additional Session Judge/FTC (Crime against Women) Jaunpur, in S.T. No. 306 OF 2015, arising out of Case Crime No. 262 of 2015, under Sections 498A, 304B IPC and ¾ D.P. Act (State vs. Mahendra Kumar and another), P.S. Sujanganj, District Jaunpur, whereby the appellant is convicted and sentenced for the commission of offence under Section 498A IPC, for 2 years R.I. and fine of Rs. 5,000/-and in default of payment of fine for two months additional imprisonment to the accussed appellant and further sentincing under Section 304B IPC for 10 years R.I., under section 4 D.P. Act for one year imprisonment and fine of Rs. 1,000/-and in default of payment of fine one month additional imprisonment and all the sentences shall run concurrently. .

3. The brief facts as revealed from the record and proceedings are that the incident occurred on 16th May, 2015 namely within one year of the marriage, as the marriage took place on 08.06.2014 between appellant Mahendra Kumar and the deceased. The father of the deceased lodged the FIR alleging therein that his daughter was being harassed for not bringing proper dowry. It was alleged that her in-laws demanded a sum of Rs. 1,00,000/- (Rs. One lakh) and a gold chain. Immediately before the death for harassing her she has also been physically tortured. After having knowledge of this atrocity of the in-laws, the complainant along with his family members went to house of the in-laws of his daughter and showed their inability to pay a sum of Rs. 1,00,000/-and a gold chain, but they were threatened with dire consequences. On 16.05.2015 in the night, the accused persons/in-laws of his daughter along with her husband committed murder of the deceased and hanged her. The informant or his family members were not communicated about anything regarding the death of the deceased. The informant got the information about the incident from village people. The first information report was lodged by the complainant / father of the deceased on 27.05.2015. The investigation was conducted by investigating officer and after recording statement of the witnesses under section 161 Cr.P.C. and preparing the punchanama, and after the post mortem of the deceased, conducted by Dr. Ashutosh Pandey who opined that the cause of death was Asphyxia as a result of ante-mortem hanging, the Investigating Officer submitted the charge sheet against the accused Mahendra Kumar and Champa Devi.

4. The learned magistrate before whom charge sheet was laid, as the offences were triable by court of sessions, committed the case to the court of sessions, The Additional Sessions Judge framed the charges on 04.07.2016 and accused persons denied the charges and claimed to be tried.

5. The prosecution examined following witnesses:-

1. Ram Awadh Patel P.W.1

2. Ramdeen Patel P.W.2

3. Dr. Ashutosh Pandey P.W. 3

4. Arvind Kumar Mishra P.W. 4

5. Deep Narayan Singh P.W. 5

6. Surya Nath Singh P.W. 6

6. Apart from aforesaid witnesses prosecution submitted following documentary evidence which were exhibited as they were proved by leading oral evidence :-

1. Tehrir Ex. Ka. 1

2. Panchayatnama Ex. Ka. 2

3. Postmortem Report Ex. Ka. 3

4. Photonas Ex. Ka. 4

5. Police papers Ex. Ka. 5

6. Namunamohar Ex Ka. 6

7. Letter to Pratisar Nirikshak Ex. Ka 7

8. Letter CMO Ex, Ka 8

9. Nakshanajari Ex. Ka 9

10. Charge-sheet Ex. Ka 10

11. FIR Ex. Ka 11

12. Carbon copy of GD Ex. Ka 12

7. After completion of prosecution evidence, the statement of accused persons