Vague and general allegations without specific evidence against accused fail to sustain prosecution under IPC for dowry-related offenses.

JUDGMENT :

ABDUL SHAHID, J.

1. Heard Sri Manish Tiwari, learned Senior Counsel assisted by Sri Hitesh Pachori, learned counsel for the revisionists and Sri K.K. Dwivedi, learned counsel for the opposite party no.2, who has filed his vakalatnama. The same is taken on record.

2. The instant criminal revision has been preferred being aggrieved by the impugned order dated 31.10.2025, passed by the learned Additional Sessions Judge, Court No. 17, Agra (State Vs. Jitendra Gond), in Session Trial No. 2243 of 2023, relating to Case Crime No. 96 of 2022, under Section 306, 498A, 323 IPC, Police Station Nai Ki Mandi, District Agra, whereby the application under Section 319 Cr.P.C. has been allowed and the revisionists have been summoned to face trial under section 306 IPC.

3. The brief facts of the case is that the informant/opposite party no.2 has lodged the FIR stating that the marriage of his daughter-Prachi was took place on 29.1.2015 with Jitendra Gaur son of Surendra Kumar Sharma, wherein he had given dowry and articles more than his capacity. It is alleged that husband-Jitendra Gaur and his father and step mother-in-law Pushplata Sharma were not happy with the dowry given in the marriage and they were making additional demand of a car and Rs. 10 lakh cash and when daughter of the informant refused to succumb their demands, then all the aforesaid three persons used to beat her and whenever the deceased visited her Mayaka then she informed all the things to the family members. It is also alleged in the FIR that prior to the incident, the deceased Prachi informed her mother on phone that aforesaid persons were very much harassing her for dowry and they were committing Marpeet with her. On 27.8.2022 at about 3.00 a.m, Surendra Kumar Sharma, (revisionist no.1) who is father-in- law of the deceased informed the informant/opposite party no.2 through mobile that Prachi has hanged herself and upon this information, the informant alongwith his family members arrived at the spot then found that the dead body of the deceased Prachi was lying on floor in the drawing room and injury marks were there on her body.

4. The FIR has been lodged at the police station on 27.8.2022 at Case Crime No. 96 of 2022, under Section 323, 498A, 304-B IPC against Jitendra Gaur (husband), Surendra Kumar Sharma, (father-in-law) and Smt. Pushplata Sharma, (step-mother-in-law). During the course of investigation, the statements of witnesses were recorded under Section 161 Cr.P.C and all the witnesses had affirmed the contents of the FIR and they got available the prima facie evidence against all the named accused persons. However, after investigation, the Investigating Officer dropped accusation under Section 304-B IPC and submitted charge sheet against sole accused Jitendra Gaur for the offence under Section 306, 498A, 323 IPC.

5. The postmortem of the deceased was conducted in which following ante-mortem injuries were found:-

"An oblique ligature mark of size 58 cm x 1.5 cm all around upper part of Neck with a gap of a 4 cm over right side neck gap is 5 cm away from right angle of mouth.

Ligature mark is 3 cm from right ear 4 cm from chin, 6 cm from left ear on cut section skin below, ligature mark is perchanand like doorling of salva from left angle of mout