- (1.) Challenge is to the judgment dated 8.12.2014 passed in Sessions Trial No. 404 of 2013, arising out of Crime No. 166 of 2013 under Sections 498A, 304B I.P.C and ¾ Dowry Prohibition Act, Police Station Dewa, District Barabanki, whereby learned Additional Sessions Judge, Barabanki has acquitted respondent Arjun and Ambika Prasad of charges levelled against them.
(2.) Brief facts as revealed from written complaint dated 26.5.2013 (Exhibit Ka-1) are that complainant Suraj Lal son of Gaya Prasad, resident of Village Chandoora, Police Station Mohamamdpur Khala District Barabanki had married her daughter Renu aged 21 years to Arjun son of Ambika Prasad Resident of Village Chandauli, Police Station Dewa, District Barabanki. After three years of her marriage, her daughter Renu went to her matrimonial home in "Gauna". When his daughter came back from her matrimonial home, she complained about demand of golden chain by accused persons. She also complained that accused persons were threatening her to bring golden chain in dowry otherwise they would kill her. Hence his daughter Renu insisted on not to return to her matrimonial home. However, on 21.5.2013 accused persons came to complainant's house and requested for "vidai" of Renu and promised not to harass her again. After intervention of relatives and advice of family members, the complainant sent her daughter to her matrimonial home along with husband Arjun and father-in-law, Ambika Prasad, but only after four days respondent-accused killed her by hanging. The complainant Suraj Lal lodged written complaint (Exhibit-ka 1) in Police Station Dewa, District Barabanki on 26.5.2013, on the basis of which, case crime no-166 of 2013 was registered under Sections 498A, 304B I.P.C and Section ¾ Dowry Prohibition Act against respondent-accused in police station Dewa, Barabanki vide chick report (Exhibit-ka-9). Corresponding entries were made in General Diary of Police Station (Exhibit Ka-10). Inquest of dead body of Renu Devi was conducted and inquest report. was prepared by Umesh Singh, Deputy Tehsildar, Tehsil Sadar, District Barabanki. Investigating officer Vishal Vikram Singh, Circle Officer City Barabanki sent dead body for post-mortem along with Photonash (Exhibit Ka-3), Chalanlash (Exhibit Ka-4), letter to R.I. (Exhibit Ka-5), letters to C.M.O. Barabanki (Exhibit Ka-6). Dr. Shashi Bhushan Singh conducted autopsy of cadaver of Smt. Renu and prepared post-mortem report (Exhibit Ka-8). On the same day, investigating officer visited place of occurrence and prepared Site Plan (Exhibit Ka-11) on the pointing of complainant. He recorded statements of witnesses under section 161 of Cr.P.C. The investigation culminated in submission of charge-sheet (Exhibit Ka-12) in the Court.
(3.) On the basis of charge-sheet accused persons were summoned by the Court and case was committed to the court of sessions on 23.7.2012, where charges were framed against accused persons Arjun and Ambika Prasad under Section 498A, 304-B I.P.C. and Section ¾ Dowry Prohibition Act. Alternatively charge under Section 302 I.P.C was also framed. Accused persons denied the charges and claimed to be tried.;