The court affirmed that lack of evidence proving dowry demands and harassment justified the acquittal of the accused.

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This appeal arises out of judgment dated 6.7.2013 rendered in Sessions Case No.79 of 2011 on the file of the Additional Sessions Judge, Amreli, whereby the respondents herein, who are accuses nos.1 to 4 in the said case, were acquitted of the charges under Sections 304 (B), 306, 498(A) and 114 of the Indian Penal Code, 1860 .

2. Briefly stated, it is the case of the prosecution that the deceased-Vandanaben, is the legally wedded wife of Aniruddhsinh. Their marriage was solemnized on 16.1.2011. Thereafter, both of them led happy marital life. While so, about six months after the marriage, i.e. on 16.7.2011, a criminal case was registered against her husband, her father-in-law, who is accused no.1 in this case, and her brother-in-law in relation to fabrication of a document pertaining to land in a transaction with third party. So her husband, her father-in-law, accused no.1, and her brother-in-law were arrested in connection with said crime in the month of July 2011. They were in judicial custody. So it is stated that accused no.1, who is the father-in-law, has directed accused nos.2 to 4, who are mother-in-law, sister-in-law and brother-in-law of the deceased to insist the deceased to arrange for Rs.50,000/- from her father to meet the legal expenses for obtaining bail for accused no.1 in the said criminal case. Accordingly, on the request made by the deceased, it is stated that, her father has arranged Rs.10,000/-, but the accused are not satisfied with the same and insisted the deceased to arrange for remaining sum of Rs.40,000/- to meet the legal expenses to apply for bail to accused no.1, and her brother-in-law etc. When she could not arrange for the same, and unable to bear the harassment caused in the said connection, it is stated that she has taken poison and committed suicide on 29.8.2011.

3. The family members of her husband informed her father, who is PW-5, that as she was not feeling well that she was taken to the hospital. Immediately PW-5 and PW-8 reached the hospital and found her lying on a bench in the hospital in an unconscious state. Thereafter, she was shifted to another hospital where she was declared dead. Her father, PW-5, got doubt regarding her death. Therefore, autopsy was held over her dead-body. The doctor, who conducted autopsy, initially opined that she died due to failure of heart and lung and viscera was preserved for final opinion. Inquest was also held over her dead-body. On intimation of her death, police has initially registered a case under Section 306 and 498(A) of IPC against the respondents herein, who are accused nos.1 to 4. As her husband was in judicial custody, no case was registered against him. Case was registered against accused no.1, who is the father-in-law, accused no.2, who is the mother-in-law, accused no.3, who is the sister-in-law and accused no.4, who is the brother-in-law of the deceased. After completion of investigation, charge-sheet was filed by the police for the offence punishable under Sections 306 , 498(A) and 114 of IPC .

4. After the charge-sheet was filed, the committal Court has committed the said case to the Court of Sessions Division as the offence under Section 306 is exclusively triable by the Court of Sessions. Therefore, it was made over to learned Additional Sessions Judge, Amreli, for trial. The trial Court has framed the charge under Section 304 (B), 306, 498(A) and 114 of IPC . The same were read over and explained to the accused.

They denied the charges and claimed to be tri