M.C.JAIN, J. - (1.) DEEN Dayal, Sukh Rani and Amar Singh were tried before the IV Additional Sessions Judge, Agra in ST No. 740 of 1998 for the offences under Sections 498 -A and 304 -B I.P.C. Alternatively, they were charged under Section 302 I.P.C. They were acquitted by the trial Court by impugned judgment dated 30 -4 -2001 which has been assailed by the State by means of this appeal.
(2.) THE relevant facts may be stated briefly; Asha Devi daughter of Churamani P.W. 1 was married with accused Amar Singh in June 1997. Accused Deen Dayal is the father -in -law and Sukh Rani is the mother -in -law of the deceased. The accused were dissatisfied with the dowry given by Churamani to the best of his capacity. They used to mal -treat and assault the victim over the demand of dowry after performance of marriage. Asha Devi used to complain to her parents about her mal -treatment in her Sasural on her visits to her parental home. In July 1997, Deen Dayal accused went to Churamani's house for Bidai of Asha Devi and demanded Rs. 10,000/ -and gold chain in dowry. When Churamani expressed his inability to meet his demand, he became annoyed and took Asha Devi with him in angry disposition. On 6 -9 -1998, Prahlad P.W. 4 reached at Churamani's house and informed him that the accused, after assaulting Asha Devi, had thrown her in a well and she had died. Churamani lodged the F.I.R. the same night at 9.30 p.m. at Police Station Pithaura, District Agra. The check F.I.R. was written by constable Onkar Singh P.W. 7. He also made the GD entry and registered the case. The investigation was started by SSI Nain Chandra Gangwar P.W. 6 who after reaching the spot prepared inquest report of the dead -body of deceased and necessary papers including the site -plan. The investigation was then taken over by CO Rajendra Kumar P.W. 8 and concluded by CO Veer Singh P.W. 9.
(3.) POST -mortem over the dead -body of the deceased was conducted by Dr. Sunil Bhartiya P.W. 3 on 7 -9 -1998 at 3.30 p.m. The deceased was aged about 20 years and about 1 -1/2 day had passed since she died. The following ante -mortem injuries were found on her person: (1) Traumatic swelling 3 x 3 cm front upper part of nose. (2) Traumatic swelling 5 x 5 cm top and middle of head.;