Neutral Citation 2026:JHHC:17910-DB ACQ. APP. (DB) NO. 95 OF 2025 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Acquittal Appeal (DB) No. 95 of 2025 State of Jharkhand through the Deputy Commissioner, Koderma, P.O. & P.S. & Dist.- Koderma. ... Appellant Versus 1. Zarina Khatoon, W/o Md. Nasim, R/o Vill- Urwamore, P.O. & P.S.- Chandwara, Dist.- Koderma. 2. Md. Azad, S/o Md. Shamim, R/o Vill- Urwamore, P.O. & P.S.- Chandwara, Dist. Koderma. … Respondents ---- PRESENT HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ---- For the Appellant : Mr. Pankaj Kumar, P.P. For the Resp. : Mr. Sahil, Adv. ---- Dated : 18 / 06 /2026 Per Rongon Mukhopadhyay, J. : 1. Heard Mr. Pankaj Kumar learned P.P. and Mr. Sahil, learned counsel appealing for the respondents. 2. This appeal is directed against the judgment dated 11-09- 2024 passed by Sri Sanjay Kumar Choudhary, learned Additional Sessions Judge-II, Koderma in connection with S.T. No. 143/2023, whereby and whereunder, the respondents have been acquitted from the charges levelled against them for the offences under Section 304(B)/34 and 302/34 IPC. 3. The prosecution case arises out of a written report of Md. Sadiq in which it has been stated that on 23-06-2022, he had got the marriage of his daughter, Rozi Praveen solemnized with Md. Azad as per Muslim rites and customs. At the time of Neutral Citation 2026:JHHC:17910-DB ACQ. APP. (DB) NO. 95 OF 2025 2 marriage, the informant had given Rs. 1,20,000/- in cash, an Apache motorcycle and various other articles by way of dowry. It has been alleged that a few days after marriage, the son-in- law of the informant started committing torture upon his daughter and repeatedly made a demand of Rs. 3 lakhs as additional dowry and if such demand is not fulfilled, threats were given of committing the murder of the daughter of the informant. The information regarding the demand and torture was communicated by the daughter of the informant to the informant after which the informant and his relatives had convened meetings on several occasions and the accused persons were also advised to desist themselves from such demands which was agreed upon by the accused persons. However, after 1-1.5 months of the decision of the Panchayat, the demands resurfaced and threats were also meted out to the daughter of the informant to face dire consequences if the demands are not fulfilled. It has been alleged that on 22-10- 2023 at 05:00AM, the eldest son-in-law of the informant informed him over phone that his daughter has been strangulated to death by the accused persons and in order to cause disappearance of evidence, the body has been hanged with the help of a dupatta and the body has been subsequently brought down and laid on a cot. 4. Based on the aforesaid allegations, Chandwara P.S. Case No. 94/2023 was instituted under Section 304B/201/34 IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions where it was registered as S.T. No. 143/2023. Charge was framed against the accused under Section 304B/34 IPC and in the alternative under Section 302/34 IPC which was read over and explained to the accused Neutral Citation 2026:JHHC:17910-DB ACQ. APP. (DB) NO. 95 OF 2025 3 in Hindi to which they pleaded not guilty and claimed to be tried. 5. The prosecution has examined as many as eight witnesses in support of its case: P.W.1 Dr. Kumar Saurabh was posted as a Medical Officer at Sadar Hospital, Koderma and on 22-10-2023, on the direction of the Civil Surgeon, a Medical Board was constituted to conduct autopsy on the dead body of Rozi Praveen and upon conducting the post-mortem, the following was found: “1. Ligature mark present half of the neck. 2. Knot below mandible right side thickness- 2cm, length- 15cm.” The cause of death was opined to be due to cardiorespiratory arrest as a result of asphyxia due to hanging. He has proved the post-mortem report which has been marked as Exhibit-P1/PW1. In cross-examination, he has deposed that the cause of death was due to hanging. P.W.2 Syed Abrar has been declared hostile by the prosecution. P.W.3 Md. Ezajul and P.W.4 Md. Salauddin also did not support the case of the prosecution and were declared hostile by the prosecution. P.W.5 Sahjadi Praveen is the elder sister of the deceased who has stated that her younger sister Rozi Praveen was kept well for 8-10 days after marriage by her in-laws but thereafter, she was subjected to torture by the accused persons for bringing lesser dowry. She and her family members as well as the persons from the nearby villages had made efforts to settle the issue after which her sister was kept well for 8-10 days. However, the demand resurfaced in the form of Rs. 3-4 lakhs Neutral Citation 2026:JHHC:17910-DB ACQ. APP. (DB) NO. 95 OF 2025 4 as dowry and threats were given to the effect that if the demand is not fulfilled her brother-in-law would solemnize another marriage. She has stated that on 22-10-2023, her husband was informed over phone at 03:00AM that Rozi Praveen has committed suicide. On such information when she and the others went to the matrimonial house of her sister at 05:00- 06:00AM, they found the body of Rozi Praveen kept in a cot. In cross-examination, she has deposed that she had not stated before the police that after 8-10 days of the marriage the accused persons had started committing torture upon the deceased. The accused persons had tried to strangulate her sister on several occasions but no case was instituted ever. P.W.6 Md. Sadiq Khan is the informant and the father of the deceased who has stated that at the time of marriage he had given an amount of Rs. 1,21,000/- in cash, an Apache motorcycle and other articles but since there was a difference in dowry which was received by a relative of Md. Nasim 2 days prior to the marriage of his daughter, their started a regular quarrel between the accused and his daughter. The dispute was settled several times and 2-3 times his daughter was assaulted and left at his house. He has lastly stopped his daughter from going back to her matrimonial house after which Md. Nasim had come with 4-5 persons and took back her daughter on the assurance that no demand of dowry will be made henceforth. When on 22-10-2023, he had come to know about his daughter's death, he and his entire family members had gone to the matrimonial house of his daughter where he had seen the body of his daughter laid on a cot. He has proved his written report which has been marked as Exhibit-P3/PW6. In cross-examination, he has deposed that he had not Neutral Citation 2026:JHHC:17910-DB ACQ. APP. (DB) NO. 95 OF 2025 5 made any complaint either in the Court or to the Police regarding the torture committed upon his daughter. He had not stated to the Police that there was a regular quarrel between the accused persons and his daughter on account of bringing lesser dowry than the relative of Md. Nasim who was married 2 days prior to the marriage of his daughter. No document was prepared regarding the compromise. When he had reached the matrimonial house of his daughter, the husband and mother-in-law of his daughter were present in the house. His daughter and son-in-law used to stay separate from the parents of his son-in-law. P.W.7 Firoz Khan is the brother-in-law of the deceased who has stated about the solemnization of marriage of Roji Parveen and the demand of dowry as well as the consequent torture committed upon her on non-fulfillment of the demand of dowry. In cross-examination, he has deposed that the Police had never recorded his statement. P.W.8 Chandradeo Singh was posted as a Sub-Inspector of Police in Chandwara P.S. and on 22-10-2023, he was entrusted with the investigation of Chandwara P.S. Case No. 94/2023 by the Officer-in-charge Chandwara P.S. He had inspected the place of occurrence which is the house of the accused situated at Urwa More. He had recorded the statements of Firoz Khan and Sahjadi Parveen. He had seized a dupatta from the room of the deceased and had prepared a seizure list which has been marked as Exhibit- P4/PW8. He had also recorded the statements of Md. Ezajul, Md. Salauddin and Syed Abrar. He had obtained the post-mortem report on 28-10-2023. The viscera of the deceased was sent to the Forensic Science Laboratory on 10-11-2023. On completion of Neutral Citation 2026:JHHC:17910-DB ACQ. APP. (DB) NO. 95 OF 2025 6 investigation, he had submitted charge sheet against Md. Azad and Zarina Khatoon. The endorsement in the fardbeyan has been proved and marked as Exhibit-P5/PW8. The formal FIR has been proved and marked as Exhibit-P6/PW8. In cross-examination, he has deposed that he had not obtained any Panchayati documents. The deceased used to converse with her cousin brother Md. Hasnain. 6. The statements of the accused were recorded under Section 313 Cr.P.C. in which they have denied their complicity in the incident. 7. The defence has examined one witness in support of its case: D.W.1 Md. Anamul is the neighbor of the informant who has proved the marriage card of Md. Hasnain which has been marked as Exhibit-D1/DW1 with objection. He has stated that after receiving the card, the face of the deceased had become white. 8. It has been submitted by Mr. Pankaj Kumar, learned P.P. that the learned trial court had committed an error in inappropriately considering the evidence on record. It has been submitted that despite all the necessary ingredients to constitute an offence under Section 304(B) IPC having been fulfilled, the learned trial court did not at all take cognizance of the said facts while acquitting the respondent nos. 1 and 2 from the charges levelled against them. 9. Mr. Sahil, learned counsel for the respondents has submitted that the deceased had committed suicide for reasons not connected with the demand of dowry or torture made from the side of the accused. The evidence of the witnesses would suggest an improvement in the case of the prosecution. He has further submitted that during the marital Neutral Citation 2026:JHHC:17910-DB ACQ. APP. (DB) NO. 95 OF 2025 7 life of the deceased, she was throughout subjected to torture and assault but the relations of the deceased have admitted that they had never approached the Court or the Police by making a complaint which would further highlight the falsity of the allegations. 10. We have heard the learned counsel for the respective parties and have also perused the trial court records. 11. The daughter of the informant had died at her matrimonial house in unnatural circumstances and the respondents were alleged to be responsible for such death because of the persistent demand of dowry and the consequent torture upon her for non-fulfilment of the said demand. P.W.5 and P.W.6 are the main witnesses of the prosecution. P.W.5 who is the sister of the deceased has stated that the accused persons had, on several occasions, tried to strangulate the deceased, but she has admitted that no case was instituted. P.W.6 is the informant and father of the deceased who has also stated about the regular assault committed upon his daughter but no complaint was made either in the Court or before the Police. The regular quarrel which ensued between the deceased and the accused persons for bringing less dowry after 8-10 days of the marriage was never disclosed by P.W.5 or P.W.6 before the Police. P.W.5 and P.W.6, therefore, seem to have depicted an exaggerated version of the incident. Moreover, it seems that though several times the dispute was settled, but admittedly no document has been brought on record in support thereof. The post-mortem report reveals that no external or internal injuries were found on the person of the deceased and the cause of death was opined to be asphyxia due to hanging. The evidence of D.W.1 and the statement of the respondent no. 2 under Section 313 Cr.P.C. reveals about Neutral Citation 2026:JHHC:17910-DB ACQ. APP. (DB) NO. 95 OF 2025 8 another angle to the entire episode regarding a purported love affair between the deceased and Md. Hasnain and the behaviour of the deceased had become somber after the invitation was made by Md. Hasnain to attend his marriage ceremony. The various features of the case and the contradictions and infirmities in the evidence of the witnesses have rightly been considered by the learned trial court while acquitting the respondents and having found no reasons to conclude otherwise, this appeal stands dismissed. 12. Pending I.A.(s), if any, stands closed. (RONGON MUKHOPADHYAY, J.) (PRADEEP KUMAR SRIVASTAVA, J.) Dated: 18th June, 2026. Preet/- Uploaded on: 20 /06 /2026.