PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 13:

The present criminal appeal has been preferred under Section 372 of the Code of Criminal Procedure against the judgment of acquittal dated 10.02.2023 passed by the learned Additional Sessions Judge- VII, Bhojpur, Ara in Sessions Trial No. 52 of 2022, arising out of Tarari P.S. Case No. 108 of 2020, whereby Respondent No. 2 has been acquitted by the trial court from the charge of Sections 304B and 201/34 of the Indian Penal Code.

2. The prosecution case, in brief, according to the FIR, is that marriage of the sister of the informant, Prabhavati Devi, was solemnised with Gaj Bimal Singh in the year 2011. After marriage, Gaj Bimal Singh took the informant's sister to her Sasural Kishaidih. According to his ability, the informant had given dowry, but despite that, the family members of the victim's Sasural, namely, Shiv Kumar Singh, Kalawati Devi, Anjali Kumari, Gaj Bimal Singh, Ajendra Singh and Rina Devi used to taunt her for dowry. Gaj Bimal Singh used to demand a motorcycle, and his sister used to say that her father and brother are so poor that they cannot fulfill demand of motorcycle. The victim had no child from the wedlock and for this reason, she was harassed and threatened with her husband's remarriage. In the meantime, Gaj Bimal Singh solemnised a second marriage to Kanti Devi and used to abuse and beat the victim. One month earlier to the alleged occurrence, the informant took his sister to his home at Ajamnagar, and later on 10.06.2020 in the morning, he dropped his sister back to her Sasural. On 11.06.2020, at 7:00 a.m., the informant received information from the villagers of Kishaidih from mobile that his sister had been killed by her Sasural family. When he reached Kishaidih and enquired, the villagers told him that after killing his sister, the accused persons had taken the dead body to Nasariganj Sone. Informant and others went to Nasariganj but could not find body. He then believed that, for the purpose of concealing evidence, the dead body of his sister had either been burnt or buried. The dead body was later found in the Sone River, as per the evidence of P.W. 4.

3. On the basis of the Farebeyan of the informant, Tarari P.S. Case No. 108 of 2020 was instituted under Sections 304B and 201/34 of the IPC, and investigation was taken up by the police. After investigation, the police submitted charge-sheet against Respondent No. 2 and, accordingly, cognizance was taken. Thereafter, the case was committed to the Court of Sessions. Charges were framed against Respondent No. 2, to which he pleaded not guilty and claimed to be tried.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/NSM0NDIjMjAyMyMxI04=-oy8y7WU6HzM=

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