Kanwaljit Singh Ahluwalia, J. - (1.) This is a case where the witnesses have concocted the evidence, investigating agency has not performed its duty to take into possession vital pieces of evidence, investigating agency miserably failed to gather evidence and prove necessary links. The trial court also gravely erred in acquitting Rupa Khan, husband of deceased Dholi for offence under Sec. 304 -B IPC. State has also not preferred appeal against acquittal of husband Rupa Khan for offence under Sec. 304 -B IPC.
(2.) Nature of evidence available, its appreciation leave us with no other option except to record acquittal of the husband for offence under Sec. 302 IPC with a heavy heart. We are convinced that in the present case, husband should be convicted for offence under Sec. 304 -B IPC, but since the trial court has acquitted the husband for offence under Sec. 304 -B IPC and there is no appeal by the State, this court bound by the admissibility of the legal evidence, is left with no other option except to acquit the husband of offence under Sec. 302 IPC.
(3.) In the present case, Rupa Khan husband of deceased Dholi alongwith his distant relation Hassan were sent for trial for having caused murder of Dholi daughter of Mohar Khan (P.W.1) and niece of Gariba (P.W.5). The Court of Additional Sessions Judge, Bandikui in the present case formulated following three charges against Rupa Khan: - - "(a). First charge stated that on 21.6.2008 in the evening near Baswa Railway Line, Dholi @ Hansira daughter of Mohar Khan was murdered. She was strangulated and thus, Rupa Khan had committed offence punishable under Sec. 302 IPC. An alternative charge was also framed under the heading of first charge to the effect that within seven years of marriage soon before death, Rupa Khan being husband demanded Rs. 1 Lac in dowry from his wife Dholi @ Hansira and caused harassment, inflicted cruelty upon her and thus, committed offence punishable under Sec. 304 -B IPC. (b). Second charge stated that husband Rupa Khan caused harassment, ill -treatment, caused mental and physical cruelty to his wife Dholi and thus, committed offence under Sec. 498 -A IPC. (c). Third charge stated that husband Rupa Khan in conspiracy with co -accused had caused murder of his wife Dholi and hence, committed offence punishable under Sec. 120 -B IPC.";