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­ Matrimonial ties were tied between Kamlesh and Govind Ram on 01.05.01. Kamlesh went to her matrimonial home at Charson Ka Kuan, Bayana Road, Hindon, Distt. Bharat Pur, Rajasthan. One male child was born out of this wedlock. In August, 2006, parents of ­2­ Kamlesh got an information that she was ill­treated at her matrimonial home by her husband and in­laws. Mishri Lal, Roop chand, Bhagwati Devi and Prem went to matrimonial home of Kamlesh on 20.08.06 and found her detained in a room meant for tethering goats. There was a wound over her head, wherein puss had developed and maggots were crawling in it. Kamlesh was in a very bad shape and foul smell was emanating from her body. She was taken to a local hospital. After first aid, she was brought to Delhi on 21.08.06 and got admitted in LBS Hospital, Khichripur, Delhi, for treatment.

7. Kamlesh is the star witness of the prosecution. She was brought in the witness box to prove facts of the case. She unfolds that her husband used to ill­treat her. Once he gave a danda blow ­5­ over her head and confined her in a room meant for goats, for four days. He was demanding clothes in dowry. His brother along with his wife and other family members reached there and brought her back to Delhi. Injury was caused over her head by Govind Ram, wherein puss developed and maggots were crawling. She was taken to a hospital for treatment. Mishri Lal, father of Kamlesh, unfolds that Govind Ram and his family members used to demand dowry. When he could not fulfill their demands, Kamlesh was treated with cruelty. He unfolds that on receipt of information, they went to her matrimonial home, where she was found confined a room. There was an injury over her head, wherein puss had developed and maggots were crawling in it. Roop Chand also gave confirmation to facts testified by his father Mishri Lal and sister Kamlesh.

14. Facts projected by Smt. Kamlesh are re­affirmed by Mishri Lal and Roop Chand. Mishri Lal details that an information was received that Kamlesh was beaten by Govind Ram and his family members. He along with Roop Chand, Bhagwati Devi and Prem visited matrimonial home of Kamlesh and found her confined in a room. Her legs were tied with a rope. She was having head injury, wherein maggots were crawling. She was removed to a hospital. She was brought to Delhi and treated in LBS Hospital, Khichripur, Delhi. Roop Chand details those very facts when he presents that ­11­ on 20.08.06, an information was received that Kamlesh was confined in a room at her matrimonial home. They reached there and Kamlesh was found confined in a room. Her legs were tied with rope. Foul smell was coming out of that room. There was an injury over her head, where maggots were crawling. She was taken to hospital for treatment.

16. The evidence put forward is suggestive that after causing injury over her head, she was confined in a room. No medicine was provided to her. On account of those lapses, her wound became sore and puss developed in it. Wound deteriorated and maggots started crawling in it. Development of puss and presence of maggots in the wound are suggestive that for want of medicine and care, condition of the lady deteriorated. But it cannot be said that it was so done by Gavind Ram with intent to cause her death. At the cost of repetition, it is said that no medical evidence has been produced to establish that injuries sustained by the lady was so imminently dangerous that it must in all probabilities cause her death. Consequently, it is clear that there is vacuum in evidence and prosecution has not been able to establish all ingredients for an ­13­ offence punishable under section 307 of the Penal Code.