The prosecution must prove a direct link between alleged dowry harassment and the victim's death; mere allegations without corroborative evidence are insufficient for conviction.

ORDER :

Siddharth, J.

Order on Criminal Appeal

1. Heard Sri R.P.S. Chauhan, Sri Vipin Kumar Singh and Sri Shashank Shekhar, learned counsel for the appellant; Ms. Manju Thakur, learned A.G.A.-1 and Sri Prem Shankar Prasad, learned A.G.A for the State, respondent no. 1; Sri Kamal Krishna, learned Senior Counsel assisted by Sri Raj Kumar Tripathi, learned counsel for the respondent nos. 2 to 6 and perused the material on record.

2. The above noted appeal under Section 372 Cr.P.C and the Government Appeal are directed against the common judgment and order of acquittal dated 14.08.2014 passed by Additional Sessions Judge, Court No. 2, Ghaziabad in Sessions Trial No. 2125 of 2012 (State vs Ajit Singh and Others) arising out of Case Crime No. 225 of 2010, under Sections-302/149, 304-B, 498-A IPC and Section ¾ of D.P. Act, Police Station-Indirapuram, District-Ghaziabad, whereby the opposite party nos. 2 to 6 in appeal u/s 372 Cr.P.C., have been acquitted of charges under the aforesaid sections.

3. Earlier the above noted appeals were dismissed by this Court. The judgments of this Court were challenged before the Apex Court, which set them aside and directed this Court to decide the appeals by giving elaborate reasons.

4. The facts in both the appeals noted above are common and the sake of clarity and convenience reference to the parties hereinafter shall be as per Criminal Appeal u/s 372 Cr.P.C., No. 319/2021.

5. As per the F.I.R., the prosecution case is that the sister of P.W.-1, the informant, Suchita Singh, aged about 27 years, was married to Ajit Singh, respondent no. 2, on 12.12.2008 as per hindu marriage rites. In their marriage informant gave Rs. 10 lakhs in cash, jewellery worth 4 lakhs, T.V., Fridge, etc., in dowry. Few days after marriage father-in-law, mother-in-law, husband, father of elder sister-in-law, Kaushlendra Pratap Singh, who was related as Mama of respondent no. 2, Ajit Singh, also and was also mediator in marriage of deceased with Ajit Singh, informed him on phone about the dissatisfaction with the dowry given in marriage of sister of P.W.-1 and respondent no. 2, Ajit Singh. He informed P.W.-1 that furniture of Rs. 2 lakhs and Rs. 2 lakhs in cash should be given. On the eve of rakhshabandhan sister of P.W.-1 came to his house and informed about her harassment for dowry by the respondent nos. 2 to 6. He requested the respondent nos. 2 to 6 on telephone not to harass his sister since telephone he is not in a position to fulfil their demand right now. After the festival of rakhshabandhan, P.W.-1 went to the matrimonial home of his sister at Raibareilly alongwith his mother and sister from Allahabad and tried to convince respondent nos. 3 to 6 that he is not in a position to spend Rs. 4 lakhs to fulfil their demand. They stated that leave your sister and assured that they will not harass her and, thereafter, P.W.-1 came back. After sometime his sister again informed P.W.-1 on phone that she is being harassed by the respondent nos. 2 to 6. In the evening of 05.10.2010 P.W.-1 and his family members were informed on phone that sister of P.W.-1 has died. P.W.-1 and his family members went to her place at Ghaziabad and found that his sister has died and her dead body was lying on a folding cot. Thereafter F.I.R was lodged against the respondent nos. 2 to 6 on 09.10.2010 by P.W.-1.

6. To prove the prosecution case, the prosecution produced, P.W.-1, Brijesh Singh, informant (brother of deceased); P.W.-2, Jai Narayan Singh (father of deceased); P.W.-3, Sangeeta Singh (elder sister of deceased); P.W.-4, R.K. Vashishtha (Sub-Inspector) who prepared the inquest report of deceased; P.W.-5, Dr. Ashok Kumar (Autopsy Doctor); P.W.-6, Kamlesh Kumar, (Deputy Supreintendent of Police), IInd Investigating Officer; P.W.-7, Satish Chandra, First Investigating Officer. (S.H.O.,P.S-Indirapuram).

7. Statement of respondent nos. 2 to 6 were recorded under Section 313 Cr.P.C and two defence witnesses, namely, Dr. Rajesh Singh and Smt. Pushpa Devi,