THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.1096 of 2003 ORDER: 1 On the basis of a report given by the petitioner herein the Sub Divisional Police Officer, Saroornagar registered a case in Cr.No.450 of 1998 against the respondents 1 to 3 herein for the offence punishable under section 304-B of IPC. During the course of trial the petitioner herein was examined as PW.1 and 12 more witnesses were examined and Exs.P.1 to P.12 were marked to establish the case of the prosecution. However, the learned Principal Assistant Sessions Judge weighing the said oral and documentary evidence came to the conclusion that the prosecution failed to bring home the guilt of the respondents herein for the said offence and accordingly acquitted them of the said charge by his judgment dated 08.05.2003. The State has not chosen to file any appeal and hence the petitioner herein who was examined as P.W.1 approached this court and filed the present revision invoking the jurisdiction of this court under Sections 397 and 401 of Cr.P.C. 2 Brief facts of the case of the prosecution are that the marriage between A.1 and the deceased Radha Devi was solemnised on 31.07.1998. At the time of marriage, the father of the deceased – P.W.1 gave 100 gms. of gold, 1.25 kgs of silver items, besides other items. It is further alleged that after the marriage, the accused used to ill-treat the deceased. During the Dasarah festival P.W.1 invited A.1 and the deceased to his house at Wardha, but the accused did not go and the deceased alone went there. Thereafter P.W.1 dropped the deceased at Hyderabad on 10.10.1998 and went back to Wardha on 11.10.1998. On 14.10.1998 P.W.1 received a phone call to the effect that the deceased consumed Baygon spray and her condition was serious. On 19.10.1998 at 10.00 a.m. the deceased died. In that connection a case in Cr.No.450 of 1998 was registered and investigated into and after completion of investigation the charge sheet was filed. 3 In my considered view, this is not a fit case for interference. The learned Assistant Sessions Judge had weighed the entire evidence in holding that the respondents herein are not guilty of the said offence. That apart the alleged offence took place on 14.10.1998 i.e. 12 years back. May be it is true that the deceased consumed Baygon spray and from that it cannot be said that the said suicide is solely on account of the illtreatment meted out by her at the hands of the respondents herein. To bring home the guilt of the accused for the offence punishable under section 304-B of IPC the prosecution must prove three ingredients viz., 1) The death should be an unnatural one, 2) It should have happened within seven years from the date of marriage, and 3) Immediately before the death there should be harassment. Here, in the case on hand, though the first two ingredients have been proved, the third ingredient, which is the vital and important ingredient is not satisfied. In those circumstances, it is not proper to hold that the respondents are guilty of the said offence. The trial court had gone into all these aspect very well and came to the conclusion that the prosecution failed to prove the guilt of the accused beyond all reasonable doubt. 4 Accordingly I see no merits in this revision and thus the same is dismissed. -------------- 29.07.2010 Kvsn