Criminal appeal against acquittal in a dowry death case. The High Court dismissed the appeal, holding that the trial court correctly acquitted respondents based on proven natural death (anemia) via medical testimony, rejecting the appellant's claim of unnatural death.
Appeal dismissed; acquittal of respondents 2 to 5 affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (DB) No.748 of 2013 ===================================================== Sitaram Pandit @ S.R. Pandit, son of Late Mahesh Pandit, resident of village-Ojha Tola, Mathiya, Police Station-Manjhauliya, District-West Champaran.
.... .... Appellant.
Versus
1. The State of Bihar.
2. Raju Ranjan Pandit @ Raju, son of Ganesh Pandit.
3. Ganesh Pandit, son of Late Jamadar Pandit.
4. Bira Pandit, son of Late Surya Pandit.
5. Lalita Devi, wife of Ganesh Pandit. All are resident of village-Rajapur Mathiya, At present village + P.O. Kotba, District-East Champaran.
.... .... Respondents. ===================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE V.N. SINHA)
3 07-08-2013 Heard.
Patna High Court CR. APP (DB) No.748 of 2013 (3) dt.07-08-2013
2
wedlock of Babita Pandit with respondent no. 2 and lodged the present case, which has been disbelieved for the reason that the defence examined the Government Doctor, D.W.7, who treated the deceased on 17.03.2007 and deposed in court that deceased was anemic and was not poisoned. In this connection, trial court also noticed the fact that it was the husband and the in laws of the deceased, who assisted Babita in securing appointment as a Primary School Teacher. Trial Court having relied on the evidence of the doctor also considered the omission of the prosecution to examine Suryadeo Pandit who informed the appellant about the unnatural death of her daughter chose to disbelieve the prosecution case.
(V.N. Sinha, J)
Bhardwaj/-P.S.
(Rajendra Kumar Mishra, J)
2 issues framed by the court
Whether the acquittal of the husband and in-laws for alleged dowry-related death proved by exculpatory medical evidence should be disturbed.
Whether the absence of prosecution evidence regarding the hospital where the victim died was fatal to the prosecution case.
2 provisions across 1 enactments
Sitaram Pandit
The State of Bihar
Raju Ranjan Pandit
Ganesh Pandit
Bira Pandit
Lalita Devi
V.N. Sinha
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
