- (1.)This criminal revision application is directed against the order dated 16h July, 2007 passed in Sessions Case No. 207/1995 by 5th additional Sessions Judge, Nashik acquitting accused Nos. 1 to 4 of the offence punishable under section 4 of the Dowry Prohibition Act, 1961 ("dowry Act" for short) and accused No. 3 of the offence punishable under section 306 of Indian penal Code (I. P. C. ). Factual Matrix :
(2.)The undisputed factual matrix reveal that on 7th July, 1995 at about 4. 00 p. m. , in the agricultural field behind Anandwalli Darga at Nashik, one Ujwala prakash Boob committed suicide by consuming poison i. e. Baygon insecticide. That she died in the civil hospital at about 9. 00 hours on 8th July, 1995.
(3.)The facts further reveal that Ujwala had love affair with accused No. 3-Nilesh. This affair went on for about 3 to 4 years prior to the unfortunate event. Ultimately, the marriage of Ujwala came to be fixed with Nilesh. Engagement ceremony was celebrated. Marriage date was settled as 19th November, 1995. Between the date of engagement and marriage, Ujwala committed suicide on 8th july, 1995, F. I. R. came to be lodged. Crime came to be registered. Investigation, thereafter, commenced. The charge-sheet was put up against all the accused persons. Charges came to be framed under section 306 read with section 34 of Indian Penal code against accused No. 3 and under section 4 of Dowry Act against accused Nos. 1 to 4. Pursuant to the charges framed against them, the trial took place.