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SAURABH SHYAM SHAMSHERY
Mritunjay Tiwari – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Rajiv Lochan Shukla, learned counsel for applicants, Sri Vimal Kumar Pandey, learned counsel for opposite party No.2 and Sri Rakesh Kumar Mishra, learned A.G.A. for State.
2. Applicant No.1 got married with Manju Tiwari (daughter of the complainant) in 2014, whereas other applicants are relatives of applicant No.1. It is the case of applicants that on 23.09.2016 at about 9.00 p.m., Smt. Manju Tiwari ran away from their house and despite searched for days, she was not located. Applicants have lodged missing report as well as publications were made in newspaper also.
3. The complainant side was also making efforts along with applicants side to search her but all attempts were failed. In the aforesaid circumstances, complainant after about six weeks filed an application under Section 156 (3) Cr.P.C. on 11.01.2017, alleging that his daughter (wife of applicant No.1) died under otherwise than normal circumstances and her dead body was concealed by applicants. On order of learned Magistrate, an FIR was lodged on 25.11.2016 against applicants (Case Crime No.1203 of 2017) under Sections 498-A, 304-B, 201 I.P.C. and 3/4 of D.P. Act, Police Sta
The absence of a deceased's body does not negate the possibility of a dowry death; circumstantial evidence can establish the case.
The judgment establishes the principle that a fair and just investigation is essential for a fair trial, and the defective investigation cannot be a ground for discharge. It emphasizes the obligation....
Defective investigations that neglect crucial evidence cannot justify discharge; courts must ensure thorough investigations in cases involving dowry-related deaths.
Once prosecution has been able to demonstrate that a woman has been subjected to cruelty or harassment for or in connection with any demand for dowry, soon before her death, Court shall proceed on a ....
The prosecution failed to prove that the deceased was subjected to cruelty in connection with dowry shortly before her death, leading to the acquittal of the appellants.
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