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 innocence for the accused.

JUDGMENT :

Vikas Budhwar, J.

1. Impugned in the present proceedings by way of Government Appeal No. 1062 of 2024 at the instance of State of U.P. and Appeal Under Section 372 of Cr.P.C. No. 254 of 2023, preferred by Ashok Kumar (Informant) is the judgment and the order dated 2.3.2023 passed by the court of Session Judge, Auraiya in Sessions Trial No. 174 of 2018, State vs. Manoj Kumar and others arising out of Case Crime No. 75 of 2018 , under Sections 4 98A, 304B , 302 IPC and Section 4 of the Dowry Prohibition Act, P.S. Sahayal, District Auraiya acquitting the accused respondents.

Facts

2. The prosecution theory in brief is that on 20.3.2017, Ashok Kumar (first informant), lodged a first information report in Police Station Sahayal, District Auraiya alleging that his daughter Neeta (victim) solemnized marriage on 29.1.2016 with the accused (A-1), Manish Kumar, son of Brij Kishore Pal, resident of village Gadhaiya, Police Station Sahayal, District Auraiya . It is further alleged that gifts were offered to the groomside as per his status. However, the accused, (A-1) Manish Kumar, his father Brij Kishore Pal, father-in-law of the deceased (victim), accused (A-2) Rajeshwari, mother-in-law of the deceased (victim) and sister-in-law Manu used to demand dowry in the shape of a four-wheeler and amount of Rs.1,00,000/- which according to them was to be tendered since the gifts and the offerings so made by the bridegroom side was thoroughly insufficient. On account of non-fulfilment of the said demand, atrocities were sought to be made upon the deceased (victim). The said fact was even apprised to the first informant and his family whenever the deceased (victim) met her maternal family members.

3. A first information report came to be lodged in Police Station, Mangalpur, Kanpur Dehat on 22.6.2017 being FIR No.265/2017, under Sections 4 98A, 323, 504, 506 IPC read with Section 3/4 Dowry Prohibition Act and thereafter, on an advice being tendered to them not to repeat the said act but they continued to demand dowry and maltreat the victim. On 19.03.2018, the accused (A-1), Manish Kumar informed the brother of the first informant, Brijesh Kumar that the deceased (victim) had consumed poison on account whereof the victim was taken for medical treatment, however, she died. On the receipt of the said information, the first informant along with his family members and villagers came to the matrimonial house of the victim where they found that the body was lying outside the house of the accused, they were absconding and the house was locked.

4. A first information report came to be lodged on 20.03.2018 at 0020 hours which was registered as Case Crime No.75 of 2018 under Sections 4 98A, 304B, IPC read with Section 3/4 of the Dowry Prohibition Act against the accused (A-1) Manish Kumar, Brij Kishore Pal, (A-2) Rajeshwari and Manu. The first information report was registered by Head Constable, Sobran Singh and the inquest was also prepared in the presence of PW-4 Premchand Pandey, the Naib Tehsildar. The corpus