Prosecution must prove guilt beyond reasonable doubt; acquittals should only be overturned on compelling grounds.

(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

Date : 14-10-2025 The present criminal appeal has been preferred under Section 3 72 of the Code of Criminal Procedure , 1973 against the judgment of acquittal dated 28.06.2019 passed by the learned Fast Track Court-I, Kaimur at Bhabhua in Sessions Trial No. 246 of 2009, arising out of Kudra P.S. Case No. 101 of 2008, whereby Respondent Nos. 2 & 3 have been acquitted by the learned Trial Court from the charge of Sections 3 07 , 341 read with Section 3 4 of Indian Penal Code and Section 3 read with Section 4 of the Dowry Prohibition Act .

2. Vide order dated 22.07.2025, a legible xerox copy of the trial court records was called for, which was received on

30.08.2025.

3. The prosecution case, is that the informant was married to respondent No. 3 approximately six years before lodging of the FIR. When the informant came to her in-laws' house after wedding, her husband and father-in-law started torturing and assaulting her for dowry for which the informant filed a case, but on settlement, the accused took the informant back to their home. Their behavior remained unchanged as they again demanded a motorcycle and fifty thousand rupees as dowry and continued harassing her. On 21.09.2008, at approximately 10:00 AM, the informant's husband and father-in-law brought poison in a bottle and told her to drink it. When the informant refused, the accused started assaulting her. The informant's husband took a lorha and assaulted the informant's cheeks and mouth with it and her father-in-law climbed on her chest and crushed her, on account of which blood came out of the informant's mouth. The informant was screaming and at the same time the accused persons put a towel around her neck and started pulling it. In the meanwhile, the informant's elder daughter started crying at the door saying that people are killing her mother. The villagers came and dragged the informant's husband and father-in-law out of the house. The husband also bit the informant's entire body with his teeth. The villagers informed the informant's brother and he brought the informant to Kudra police station where the informant submitted a written application on

22.09.2008.

4. On the basis of written statement of the informant, Kudra P.S. Case No. 101 of 2008 was instituted under Sections 3 41 , 323, 307, 498-A of the I.P.C. and Section 3 read with Section 4 of the Dowry Prohibition Act and investigation was taken up by the police. The police after investigation submitted charge-sheet against respondent Nos. 2 & 3 and, accordingly, cognizance was taken. Thereafter the case was committed to the Court of Sessions. Charges were framed against the accused persons to which they pleaded not guilty and claimed to be tried.

5. During the trial, the prosecution examined altogether seven witnesses i.e. PW1- Punam Devi, PW2- Subhadra Devi, PW3- Vikash Dubey, PW4- Tilakdhari Dubey, PW5- Ramashankar Chaudhary, PW6- Dr. Sudarshan Singh and PW7- Dr. Ajay Pratap. The prosecution has also produced certain documents which were marked as Exhibits, i.e. Ext. 1- Formal FIR, Ext. 2- Injury letter, Ext. 3- Injury report, Ext. 3/1- Signature of doctor Ajay Pratap on the injury report, Ext. 4- Certified copy of charge-sheet of Mahila P.S. Case No. 14 of 2012 and Ext. 5- Certified copy of charge-sheet of Kudra P.S. Case No. 54 of 2007. The defence has examined only one witness i.e. DW1- Wakil Pandey. After closure of prosecution evidence, the statements of the accused persons were recorded under Section 3 13 Cr.P.C. and after conclusion of trial, learned trial court has acquitted the accused persons.

6. The learned trial court, on the basis of the materials available on record, and the evidence produced before the court, acquitted the accused persons observing that the allegation of towel being wrapped around the neck of the informant