SHREE CHANDRASHEKHAR,J. - (1.) In Sessions Trial No.258 of 2007 Rajiv Ranjan Kumar and Basudeo Prasad have faced the trial on the charge under section 304-B/34 of the Indian Penal Code (IPC) for causing dowry death of Asha Devi. An alternative charge under section 302/34 IPC for committing murder of Asha Devi in furtherance of common intention was also framed against them. Basudeo Prasad has been acquitted on the ground that his presence at the time of occurrence has not been established during the trial.
(2.) The learned 6th Additional Sessions Judge, Dhanbad has held "From the scrutiny of the evidence' on record 1 find Thai none of the witnesses have stated that accused Basudeo Prasad was present at the time of occurrence. On the other hand the defence has proved Thai the said Basudeo Prasad was not present at the time of occurrence. PW-4 who was present when accused Rajiv Ranjan was fleeing away with Tempo speedily but he has not stated that his father Basudeo Prasad was present at his house. All the witnesses have stated that accused Basudeo Prasad, Rajiv Ranjan and deceased used to reside in the house. There is no evidence Thai accused Basudeo Prasad was anyhow involved in the atrocious murder of Asha Devi. There is no tinge of evidence to show that accused Basudeo Prasad was present and he has committed the murder of the deceased. Therefore in absence of any evidence I am of the view that the said Basudeo Prasad is entitled for benefit of doubt. Therefore accused Basudeo Prasad is entitled for acquittal for the charge U/s.302/34 I.PC. and accordingly he is acquitted for the charge U/s. 302/34 I.P.C".
(3.) The charge under section 304-B/34 IPC has failed. The learned trial Judge has found that no evidence on harassment and torture of Asha Devi in connection to demand of dowry was laid during trial and, in fact, none of the witnesses has supported the charge of dowry death against the accused persons.;