##PAGE1##

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Judgment reserved on: 16.12.2025

Judgment delivered on: 24.12.2025

+ CRL.A. 353/2015

STATE .....Appellant

versus

KAMAL .....Respondent

Memo of Appearance

For the Appellant: Mr. Yudhvir Singh Chauhan, APP for the State with

Inspr. Kuldeep Singh, SI Johny Kumar, PS Uttam

Nagar.

For the Respondent: Mr. Pranav Yadav, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIVEK CHAUDHARY

HON'BLE MR. JUSTICE MANOJ JAIN

JUDGMENT

1. The appellant-State takes exception to judgment dated 20.09.2012

passed by learned Trial Court whereby accused Kamal i.e. respondent

herein has been acquitted.

2. Let us have a quick glance over the factual matrix.

3. Accused-Kamal got married to Preeti on 08.06.2006. The

marriage was as per Hindu rites and customs.

4. On 02.08.2006, PW10 Sh. Chander Shekhar (father of Preeti)

lodged a missing report with PP Matiala, PS Uttam Nagar. In such

missing report (Ex.PW15/X), he stated that last week, her daughter Preeti

along with her husband had come from Ram Nagar to Delhi. On

30.06.2006, Sh. Lalit Joshi (brother of accused-Kamal) called him up and

CRL.A. 353/2015 Page 1

Signature Not Verified

Digitally Signed

By:SONIA THAPLIYAL

Signing Date:24.12.2025

15:29:51

told that Preeti was under some stress (ladki tannav mai hai) and

requested them to take her back. He, accordingly, brought her daughter

back to parental home, where also she used to stay stressed. On

01.08.2006, at about 5:00 pm, Preeti left home saying that she was going

to meet her friends. However, since she did not return till late evening,

when inquiries were made, it came to fore that she had not visited her

friends. It was in the abovesaid factual background that a missing report

was got lodged. It will be also worthwhile to mention that in such report,

PW10 Sh. Chander Shekhar Pandey, distinctly, stated that he did not

suspect involvement of anyone (mujhe kisi par kisi bhi prakaar ka shak-

o- shubha nahi hai).

5. Next morning i.e. on 02.08.2006, a dead body was found in

Najafgarh pond/drain. Such information was reduced in writing vide DD

No.15A, PS Najafgarh.

6. Further investigation revealed that such dead body was of Preeti.

7. Since the death had taken place within a period of two months of

marriage, the concerned Sub-Divisional Magistrate (SDM) was requested

to record statements of parents of the deceased. SDM, accordingly,

recorded statements of Sh. Chander Shekhar (PW-10) and of Smt. Rama

Devi (PW-9). Since they apprehended that there was demand of dowry,

FIR was recommended to be registered for commission of offences under

Section 498-A/304-B IPC. Further investigation was carried out and

supplementary statements of parents of deceased were also recorded.

8. Accused-Kamal along with his two brothers (Laxmi Dutt and

Jagdish) and their respective wives (Rekha, wife of Laxmi Dutt and Rita

Joshi, wife of Jagdish) was chargesheeted.

CRL.A. 353/2015 Page 2

Signature Not Verified

Digitally Signed

By:SONIA THAPLIYAL

Signing Date:24.12.2025

15:29:51

9. Since offence under Section 304-B IPC was triable exclusively by

Court of Sessions, the case was committed.

10. Both the sides advanced arguments at length at the time of

consideration of charge and learned Trial Court vide order dated

28.09.2007 directed accused Kamal to be charged for commission of

offences under Section 498-A and under Section 306 IPC only.

11. The accused pleaded not guilty and claimed trial.

12. All the other accused persons were discharged of all the offences.

Accused Kamal was also discharged of offence under Section 304-B

IPC.

13. Thus, no case of dowry-death was found made out against anyone.

14. Prosecution was directed to adduce evidence and examined fifteen

witnesses including PW-4 Dr. Parvinder Singh (the doctor who

conducted autopsy), PW-5 Sh. S. S. Parihar (the then learned SDM),

PW-9 Rama Devi (mother of deceased), PW-10 Sh. Chander Shekhar

Pandey (father of deceased), PW-11 Basant Kumar (brother of deceased)

and PW-15 Inspector R. S. Meena (the Investigating Officer).

15. Accused, in his