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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
NAND PRABHA SHUKLA
Arun Kumar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
NAND PRABHA SHUKLA, J.
1. Heard Sri Sanjeev Kumar Pandey, learned counsel for the applicant, learned AGA for the State and perused the record.
2. The present application under section 528 BNSS has been filed with a prayer to set aside the order dated 10.02.2026 passed by learned Additional Sessions Judge, FTC-Ist, (Offence Against Women) Mathura in S.T. No. 41 of 2017 under sections 498A, 304B IPC and 3/4 D.P. Act, Case Crime No. 1073 of 2015, Police Station Vrindavan, District Mathura.
3. Briefly stated, Shri Krishan Sharma, the opposite party no.2, lodged an FIR bearing Case Crime No. 1073 of 2015 under Sections 498-A, 304-B IPC and 3/4 D.P. Act at Police Station Vrindavan, District Mathura against the applicant and 3 others alleging that the marriage of his daughter Km. Kshama was solemnized with the applicant, Arun Sharma on 19.02.2011 wherein cash of Rs. 3 lacs and various articles were given but the in-laws demanded additional dowry of Rs. 5 lacs cash and a four wheeler. Due to non-fulfillment of dowry demand, the daughter of opposite party no.2 was killed on 04.11.2015 at 2.00 P.M. at her matrimonial home. After thorough investigation, the applicant was charge-sheeted
The court reaffirmed that at the charge framing stage, it is sufficient for the prosecution to show that prima facie evidence exists to warrant trial, without weighing the evidence as in a full trial....
The main legal point established in the judgment is that suspicion, however strong, cannot take the place of proof, and the burden of proof to establish guilt beyond reasonable doubt lies with the pr....
The court affirmed that charges can be altered at any stage based on prima facie evidence without evaluating the probative value, allowing for the addition of a murder charge when warranted.
A charge under Section 304B IPC cannot substitute for a murder charge under Section 302 IPC; the main charge must reflect the evidence available.
The Trial Court must wait for all relevant reports and evidence before discharging an accused, and the judgment should be based on whether the prosecution has proved its case beyond reasonable doubt.
The prosecution must prove the necessary ingredients for dowry death under Section 304-B IPC, including evidence of cruelty or harassment related to dowry demand, to justify altering charges.
Trial courts must not mechanically add charges under Section 302 IPC without sufficient evidence; proper evaluation of evidence is essential to uphold justice.
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