Penal Code, 1860–Secs. 302/34, 304-B & 498-A [Corresponding Secs. 103/3(5), 80 & 85 of BNS, 2023]–Acquittal from the offence–Appreciation of–Death by poisoning–Fact of giving poison was not mentioned by PW 13 in the report (Exp. 36)–He disclosed this fact for the first time in the Court–Non-disclosure by him before his father and uncle does not seem natural–PW 7 was declared hostile–PW 2 stated that he does not know that how the death of the deceased occurred–No evidence to show that the accused administered the poison–Further, the prosecution failed to establish that the death of deceased occurred within seven years of marriage for the reason of causing harassment for dowry–Held, Trial Court was justified in acquitting the accused.
