To reverse an acquittal in dowry death cases, the appellate court requires proof of perversity; vague or omnibus allegations of dowry demands without prior complaints or independent evidence are insufficient to establish cruelty under Sections 304-B and 498-A of the IPC.

Judgment on Board

Per Radhakishan Agrawal, J.

1. This acquittal appeal preferred by the Appellant/State arises out of the judgment dated 02.03.2021 passed by the First Additional Sessions Judge, Korba, District Korba, C.G. in Sessions Trial No.09/2019, whereby the learned trial Court acquitted the accused persons/respondents herein of the charges under Sections 498-A /34 and 304-B of Indian Penal Code (for short 'IPC') on the basis of benefit of doubt.

2. Case of the prosecution, in brief, is that on 19.08.2018, PW-1 Geeta De, mother of the deceased- Tripti De, lodged a merg intimation (Ex.P-2), stating that her daughter/deceased had been married to respondent No.1 Durgesh Vishwakarma @ Sonu about one and a half years prior to the incident. Due to an inter-caste marriage, in-laws of the deceased were not accepting her and for that reason, deceased and respondent No.1 were residing in a rented house. It was further stated that on account of domestic disputes, frequent quarrels used to take place between the deceased and respondent No.1. On the night of 18.08.2018 also, a quarrel took place between them for the same reason and respondent No.1 himself informed her over the mobile phone that the deceased had closed the door from inside the house and was not opening it despite repeated attempts. Thereafter, she went to the house of the deceased, broke the door of the house and found deceased committed suicide by hanging. On the basis of said merg intimation (Ex.P-2), FIR (Ex.P-12) was registered against the accused persons/respondents. Thereafter, inquest proceedings were conducted vide Ex.P-5 and dead body of the deceased was sent for postmortem examination where PW-12 Dr. Krishna Kanvar conducted the postmortem examination and gave his report vide Ex.P-16. According to PW-12 Dr. Krishna Kanvar, cause of death of deceased was asphyxia and venous congestion due to hanging and the nature of death of deceased was suicidal. During investigation, spot map was prepared vide Ex.P-1 and the statements of the witnesses were recorded.

3. After completing investigation, charge sheet was filed against the accused persons/respondents before the concerned trial Court. Accused persons/respondents abjured their guilt and prayed for trial.

4. The trial Court, after hearing counsel for the parties and appreciating the evidence on record, by the impugned judgment acquitted the accused persons/respondents herein of said charge leveled against them.

5. Learned counsel for the Appellant/State submits that the learned trial Court is unjustified in acquitting the accused persons/respondents herein of said charges by recording perverse findings. He further submits that the evidence available on record clearly shows that after marriage and soon before her death, deceased- Tripti De was subjected to cruelty or harassment for demand of dowry by the respondents, due to which, she committed suicide by hanging herself and the said fact is also as is evident from the statements of PW-1 Geeta De, mother of the deceased and PW-2 brother of the deceased and despite there being cogent and reliable evidence, the learned trial Court committed grave error in acquitting the accused persons/respondents without appreciating the evidence on record