Introduction
A criminal appeal was filed by the petitioner against the judgments passed of conviction dated 02.12.2019 and order of sentence dated 11.12.2019 passed against the appellants by learned Additional Sessions Judge, Ara, Bhojpur, in Sessions Trial on the case of dowry death.
Facts of the case
Appellant Sanjay Sharma, who is the husband of the alleged victim of dowry death, has been awarded rigorous imprisonment of 8 years and a fine of rupees ten thousand for causing the death of his wife under the demand of dowry. Anshu Devi daughter of Jagjivan Sharma was married two years back to appellant Sanjay Sharma. Soon after the marriage, there was a request for a bike from the person in question, and the casualty used to illuminate the interest of the source. Since the source had no cash, he guaranteed that the bike would be given later on. In the interim, the victim gave birth to a male child, who was about seven months old at the time of the event. One morning the informant who is the grandfather of the victim got a call and was informed that Anshu Devi had died sustaining burnt injuries. After reaching to her in-laws the informant was confident that the victim was murdered and hence filed a complaint. The learned trial Judge framed charges after hearing the case stated the appellant guilty.
Arguments made on behalf of the petitioner
Learned counsel for the appellants Mr. Ajay Kumar Thakur submits that the public witnesses presented on behalf of the victim are hearsay evidence hence does not hold much credibility. The counsel furthermore stated that there is an absence of a bit of proof that for non-satisfaction of the interest of the bike the casualty was being tortured by the appellants before her passing. That is the reason no inquiry was put to the appellants as implicating the situation that there was a torment to the casualty for incompletion of the aforementioned request before her death.
Arguments made on behalf of the respondent
Learned Additional Public Prosecutor for the State submits that the prosecution has successfully established the case of dowry death as the victim died in unnatural circumstances in her matrimonial house within seven years of her marriage and there is an allegation of demand of dowry before
her death which took place merely within two years of her marriage. There is an absence of a bit of proof that for non-satisfaction of the interest of the bike the casualty was being tormented/bugged by the appellants before her demise. That is the reason no inquiry was put to the appellants as implicating situation that there was a torment to the casualty for incompletion of the previously mentioned request before her demise
The decision of the court
After reviewing all the witnesses present and arguments made the court overruled the decision of the lower court and stated that there is not enough evidence to fulfil the criteria of dowry death. Hence, these appeals are allowed.
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