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2012 DIGILAW 406 (PAT)

Dayanand Mandal v. State of Bihar

2012-03-05

ASHWANI KUMAR SINGH, NAVANITI PRASAD SINGH

body2012
Navaniti Prasad Singh, J. – This is an appeal under Section 372 of the Code of Crimanal Procedure against the accused persons (respondent nos.2 and 3). The private respondents, who were accused, are the husband and the mother-in-law. Curiously, the father-in-law was not even charge sheeted much less tried or convicted. The respondents were charged under Section 304-B/34 of the Indian Penal Code and upon consideration of the evidence they have been acquitted by the trial court. 2. We have heard learned counsel for the appellant and perused the judgment. 3. We see no reason to interfere. No illegality or perversity in the judgment has been pointed out by the learned counsel for the appellant. It is well established that if two views are possible then the view taken by the civil court should not in absence of illegality or perversity, be interfered with. The trial court has clearly noted that there is no evidence to support demand of dowry or torture on failure to pay the demand of dowry in the recent past to the death of the person. Learned counsel for the appellant has produced the deposition of P.W.2 (informant), the father of the deceased himself. In the deposition, in his cross examination he has clearly admitted that in the recent past there had been no demand. He does not remember when he has given money. In his cross examination, he also admits that the marriage has been solemnized within two years and it was a love marriage, which was agreed to upon intervention of the villagers. He has categorically stated that none of the accused persons even directly made any demand from him. The grand father of the victim lady has also been examined. All that he says that on one occasion he had seen money being paid by the informant to the accused persons for purchase of a tractor. Even he could not state whether the girl was mistreated or not. They are all of one village itself. The brother of the deceased has also stated that he was not aware that his sister was subjected to any cruelty. In that view of the matter we see no reason to interfere in the matter. The appeal is accordingly dismissed.