Prashant Kumar Mishra, J
1. This acquittal appeal is directed against the judgment of acquittal rendered by the Trial Judge acquitting the accused of the charges under Sections
498 (A), 304 (B) and 302 of IPC.
2. Respondent Vishal Gupta was married with deceased Rashmi Gupta on 11.07.2007. Thereafter, both of them started residing together at Village
Bhivapur, District Nagpur (Maharashtra). After 30th July, 2008, they came to District Durg, as the deceased secured job of Shiksha Karmi. Initially
they resided together at the village where the deceased was posted, but subsequently they shifted to Gaya Nagar at Durg. 2-3 months before the date
of death, the accused Vishal Gupta allegedly developed intimacy with one girl Mini, as reflected in the suicide note (Ex-P-7A). The deceased
committed suicide on 30.08.2010 leaving the said suicide note.
3. In the suicide note, the deceased has not made any allegation of demand of dowry and commission of cruelty by the accused persons in connection
with such demand. The only reason for commission of suicide, as mentioned in the suicide note, is that her husband Vishal Gupta has extra marital
relation with one Ms. Mini and despite persuasion he is not mending ways. Her father Sushil Kumar Gupta, examined as PW-1, would admit in his
cross examination that there was no demand of dowry at the time of marriage or soon thereafter. He would state in his examination- in-chief at para 4
that at the time of Raksha Bandhan Festival in 2010, the deceased informed him that her husband Vishal Gupta has developed illicit relation with one
girl. Thus, the contents of dying declaration find corroboration from the statement of PW-1. Other witnesses would also state the same facts with little
variations, which are not material.
4. The evidence does not establish that the deceased was subjected to cruelty in connection with demand of dowry soon before her death. Since she
has committed suicide, there is no question of commission of offence under Section 302 of IPC. There being no evidence to prove the fact of extra
marital affair of the deceased with Ms. Mini, the ingredients of offence under Section 306 are also not proved.
5. Considering the evidence on record, the present is not considered to be a fit case for admitting the acquittal appeal, as the view taken by the Trial
Court does not appear to be perverse.
6. Accordingly, the acquittal appeal is dismissed.
