SHIV NARAIN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by petitioner Shiv Narain, against the order dated September 18, 2007 of Additional Sessions Judge (Fast Track) No. 2, Jaipur City, Jaipur in Sessions Case No. 32 of 2007 whereby the accused respondents 2 and 3 were acquitted from the charges for the offence under Sections 498A and 304B IPC.

(2.) BRIEF facts of the case are that the marriage of the petitioner's daughter namely Vandana @ Gudiya was solemnized with Avdesh Mishra, who is accused respondent No. 2 on January 30, 2005. The petitioner had given dowry articles to the accused respondents to the best of his financial capacity but they were not satisfied with the same and they used to torture his daughter for not bringing more dowry i.e. Rs. 50;000 cash or motorcycle. The daughter of the petitioner was given beatings by the accused respondents and the they used to threat her that they would not keep her in the matrimonial home, until their demands were satisfied. After the marriage the daughter of the petitioner came to her parental house and told her father and other family members regarding the demand of dowry i.e. a motor cycle or Rs. 50,000 cash. On April 12, 2004 when Vandana, daughter of the petitioner came to her parental house on the occasion of her brother's marriage, the respondents 2 and 3 again demanded motorcycle. On April 27, 2006 when Vandana was about to proceed to her matrimonial home after the marriage ceremony of her brother, she told her parents that she would be subjected to torment and torture by her husband and mother in law if their demand of Rs. 50,000 cash or motorcycle was not satisfied. On May 2, 2005 Vandana telephonically informed the petitioner that her in laws were torturing her for not fulfilling their demand of dowry. Same day the complainant arranged a sum of Rs. 50,000/ - from his relatives and proceeded to Jaipur along with his wife and relatives. They reached the matrimonial home of the deceased at about 6 p.m. when they came to know about her death. Thereafter the complainant petitioner submitted a written report at Police Station Shyam Nagar stating therein the details of the cruelties and the sequence of events leading to the death of his daughter. On the basis of written report FIR bearing No. 150 of 2006 came to be registered at Police Station Shyam Nagar, Jaipur for offences under Sections 498 -A and 304 -B IPC. After concluding the investigation, the Police filed charge sheet against the accused respondents. The Judicial Magistrate took cognizance against the accused respondents under Sections 498 -A and 304 -B and 406 IPC and thereafter committed the case for trial to the Court of Sessions. Charges were framed by the trial Court against the accused respondents for offences under Sections 304B IPC/306 and 498 -A IPC to which they pleaded not guilty and claimed trial. As many as 26 witnesses were examined by the prosecution and exhibited 38 documents. In defence five witnesses were examined and some documents were exhibited. Accused respondents were examined under Section 313 Cr.P.C. to which they stated that the prosecution witnesses had deposed against them falsely. The trial Court after hearing arguments advanced by the parties, acquitted the accused respondents vide judgment dated September 18, 2007. The complainant petitioner filed the instant revision petition against the order of acquittal.

(3.) THE learned Counsel for the accused respondents and the learned Public Prosecutor on the other hand opposed the submissions of learned Counsel for the petitioner and stated that the court below after considering all the evidence, documents and record passed the order of acquittal. There is no illegality or infirmity in the order passed by the Court below. Mr. A.K. Gupta, learned Counsel for the accused respondents placed reliance on Jagnnath Choudahry and Ors. v. Ramayan Singh and Anr. : 2002 Cr.LR. (SC 506), Kishan Swaroop v. Govt. of NCT of Delhi : JT 1998 (4) SC 486 Akalu Ahir and Ors. v. Ramdeo Ram : AIR 1973 SC 2145, Chaganti JCotaiah and Ors. v. Gogineni Venkateshwara Rao and Anr. : AIR 1973 (SC) 1274 Pakalapati Narayana Gajapathi Raju and Ors. v. Bonapalli Peda Appadue and Anr. 75 Cr.LR. (SC) 467 D. Stephens v. Nosibolla : AIR 1951 SC 196 Logendra Nath Jha and Ors. v. Shri Polailal Biswas : AIR 1951 SC 316 Harjit Singh v. State of Punjab : AIR 2006 SC 680 Satvir Singh and Ors. v. State of Punjab and Anr. : AIR 2001 SC 2828 Kan Singh and Anr. v. State of Harayana and Anr. 2008 Cr.L.R. (SC) 159.