PREMA DEVI Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-7-213
HIGH COURT OF UTTARAKHAND
Decided on July 29,2013

PREMA DEVI Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) The complainant Smt. Prema Devi gave an application to the police station Maneri, which was based upon the telephonic communication given by her son-in-law on 14.08.2006, at 5:00 p.m., that her daughter Sarita, who had gone to forest to fetch grass, did not return by the evening. Smt. Prema Devi got perturbed. She went to matrimonial home of Sarita. She suspected the behaviour and conduct of Sarita's in-laws. According to her, Sarita was married to Suresh in November, 2002, but the members of her matrimonial home started harassing her for want of bringing sufficient dowry. She suspected that her in-laws killed Sarita and caused disappearance of her dead body. The report was lodged on 15.08.2006, at 6.05 p.m. After the investigation, a charge-sheet for the offences punishable under Sections 498-A and Section of the Dowry Prohibition Act was submitted against the accused pesons. Accused were summoned to face the trial. Charges for the offences punishable under Sections 498-A IPC and Section of the Dowry Prohibition Act were framed against them, to which they pleaded not guilty and claimed trial.
(2.) PW 1 Smt. Prema Devi, Pw 2 Smt. Anita Bhatt, PW 3 Smt. Pushpa Bhatt, PW 4 Smt. Roopa Devi, PW 5 Smt. Laita Devi, PW 6 Bihari Lal, PW 7 Ramananad Bhatt, PW 8 Surendra Dutt, PW 9 Poornanand, PW 10 HC Madan Mohan and PW 11 Munna Singh Chauhan (investigating officer) were examined on behalf of the prosecution. Incriminating evidence was put to the accused persons under Section 313 Cr.P.C., in which they said that they were falsely implicated in the criminal case. No evidence was given in defence. After considering the evidence on record, learned CJM, Uttarkashi, exonerated Indrajeet, Smt. Sulochana and Km. Suman of the charges levelled against them, vide impugned judgment and order dated 1st August, 2007. Feeling aggrieved against the order of acquittal, present Criminal Revision was preferred by the complainant Smt. Prema Devi.
(3.) PW 1 Smt. Prema Devi was the informant, who proved her report (Ext. Ka-1) and said that she received information through telephone that her daughter, who had gone to fetch the grass, did not return. PW 1 got perturbed on receiving the telephonic message from her son-in-law. She said that the members of her matrimonial home were used to assault her daughter for want of bringing sufficient dowry. She levelled allegations against father-in-law, mother-in-law and sister-in-law of her daughter. In the cross-examination, PW 1 admitted that nobody saw assaulting Sarita. ;


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