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SHEEL NAGU, DEEPAK KUMAR AGARWAL
State of M. P. – Appellant
Versus
Ajay – Respondent
ORDER
Agarwal J. -- 1. The present application under section 378(3) CrPC has been preferred by State for leave to appeal against judgment of acquittal dated 5.11.2020, passed by First Additional Sessions Judge, Gohad, District Bhind in ST No.11/2018, whereby respondents have been acquitted of offences under section 3/4 of the Dowry Prohibition Act and sections 498A, 304B or 302/34 or 306 of IPC.
2. Prosecution case, in brief, is that deceased Arti Devi was married to accused Ajay Sharma (respondent No.1 herein) in 2015. On 10.10.2017 at about 12:05 am, cousin brother of deceased Santosh Sharma informed police station Endori, District Bhind that Arti Devi died by hanging herself at about 05:00 in the morning. On the basis of this information, Merg u/S. 174 of CrPC was recorded and matter was enquired. During Merg enquiry, father of deceased Vinod Sharma, Harish Sharma, Siyaram Sharma, Girraj and Krishna Swaroop Sharma were present. In their statements they narrated that deceased Arti Devi died by hanging herself, but did not allege anything against the accused persons. Autopsy of the body of deceased was conducted and doctor opined that deceased died by hanging herself. Statements of
In an appeal against acquittal, the appellate court should not interfere if the trial court's view is plausible, as the acquittal reinforces the accused's presumption of innocence. Reversal is warran....
The prosecution must prove guilt beyond reasonable doubt; mere allegations are insufficient for conviction, reinforcing the presumption of innocence for the accused.
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
The court upheld that the prosecution failed to establish key elements of dowry harassment and death within seven years, maintaining the presumption of innocence for the accused.
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