VAKIL CHAND CHANDEL Vs. AJAY KUMAR

JUDGEMENT

(1.) THE complainant has filed the present revision against the judgment dated 24.1.2004 passed by the learned Sessions Judge, Hamirpur in Sessions Trial No. 09 of 2002 acquitting respondents 1, 2 for offences punishable under Sections 306, 498 -A read with Section 34 IPC. The State has not assailed the judgment of acquittal dated 24.1.2004.

(2.) THE prosecution case in brief is that respondent No.1 husband and respondent No.2 mother -in -law of the deceased Smt. Sunita Devi tortured her during her life time for not bringing sufficient dowry, they instigated her to commit suicide and thereby abetted the commission of suicide. The further case of the prosecution is that deceased Smt. Sunita Devi was married to respondent No.1 on 7.11.1993. She gave birth to two children one male and one female. She set her on fire in the matrimonial home at village Jalari on 5.4.2001 in the evening. PW -11 Vakil Chand father of the deceased was informed telephonically by one Sarvo Ram, cousin of respondent No.1. PW -11 complainant accompanied by his wife Smt. Jogindra Kumari PW -12 rushed to village Jalari and reached there on 6.4.2001 early in the morning. PW -11 informed the police of Police Station, Nadaun telephonically at about 6.45 a.m., rapat No. Ex. PW -7/A was entered and the police came to the spot.

(3.) THE prosecution has examined 14 witnesses and produced some documentary evidence. The statements under Section 313 Cr.P.C. of respondents were recorded. They denied the prosecution case. In defence, the respondents have examined four defence witnesses. On conclusion of trial, the learned Sessions Judge acquitted the respondents, hence revision by the complainant when the acquittal of the respondents was not assailed by way of appeal by the State.