ORDER :

B. P. Sharma, J. 

At the very outset, learned counsel for the respondent submits that respondent No.5 Smt. Merabai had died on 13-02-2023 during the pendency of this appeal. Her death certificate is taken on record. Therefore, appeal abates with regard to respondent No. 5-Smt. Merabai.

2. This petition has preferred by the State being aggrieved by the judgment/order of acquittal dated 29.08.2022 passed in Session Trial No.38/2019 by Session Judge Harda, District Harda (M.P.), whereby the Learned Trial Court has acquitted the accused/ respondents from the offence punishable under section 498-A, 304-B/34, 306/34 of Indian Penal Code.

3. The prosecution case, in brief, is that deceased Monika was married to the accused Nilesh on 29.04.2017. Soon after the marriage, the accused began taunting Monika for bringing insufficient dowry, repeatedly stating that she had brought nothing and that the articles given were of poor quality. On account of these demands, Monika was subjected to continuous physical and mental cruelty by the accused persons, which she used to disclose to her father and her family members. Within two years of marriage, Monika visited her parental home at village Mohada on about four occasions, during which she informed about the harassment meted out to her by the accused. On 27.01.2019, Monika came to her father’s house along with her husband, where he demanded a motorcycle and money. When father of the deceased (PW-1) expressed his inability to meet the demand, the accused stopped speaking with him and thereafter avoided his phone calls. On 18.02.2019 at about 3:00 a.m., Nilesh informed PW-1 that Monika had consumed sulphas tablets and that he was taking her to Harda Hospital. Upon receiving this information, PW-1, along with his son-in-law and nephew Kapil Arya, rushed to Harda Hospital, where they found Monika dead.

4. Dr. Omprakash Khore of District Hospital, Harda, sent a memorandum regarding the death of Monika through PW-12 Ward Boy Saurabh Sitoke (PW-9) to Police Station Harda. On the basis of the said memorandum, Merg intimation Ex.P/13 was recorded, and a case was registered vide Crime No. 135/2019 for the offence punishable under Section 304/34 of the Indian Penal Code. After completion of the investigation, the police filed the charge-sheet before the learned Trial Court.

5. It is submitted by the learned counsel for the petitioner/State that parents of the deceased had given dowry according to their financial capacity, yet after the marriage the accused started taunting the deceased for bringing inadequate dowry and further demanded a motorcycle and an amount of Rs.5,00,000/- from her father; that in relation to the said demand of dowry, Swaroop Chand Arya(PW-1), Anita Arya(PW-2), Manish Arya(PW-3), Satyendra Arya(PW-4) and Kapil Arya(PW-5) all have made consistent statements before the Learned Trial Court, however, the trial Court has erred in disbelieving their testimonies; that although there was a detailed cross-examination on behalf of the defence, minor omissions or contradictions do not render the entire prosecution case false; that the impugned judgment, based merely on conjectures and without proper appreciation of evidence, is liable to be set aside. It is further submitted that the oral as well as documentary evidence adduced by the prosecution fully supports the prosecution version and clearly establishes the ingredients of the offences against the accused, which the Trial Court failed to appreciate; that the judgment of acquittal passed by the Trial Court is perverse, arbitrary, illegal and contrary to law; and therefore, the impugned judgment of acquittal is not based on the evidence on record and, in order to prevent miscarriage of justice, deserves to be reversed and the respondents be convicted for the offences charged.

6. It is undisputed that deceased Monika was married to accused Nilesh on 29-04-2017 and died by consuming sulphas tablets on 19-02-2019. It is also undisputed that Sw