- (1.) Heard learned A.A.G. for the State-appellant and perused the material on record.
(2.) The application has been filed by the State-appellant with the prayer that leave to appeal may be granted against the judgement and order dated 23.01.2003 passed by Additional Sessions Judge, Court No.2, Agra, in Sessions Trial No.925 of 1999, State Vs. Dharmendra and others arising out of Case Crime No.28 of 1999, under Sections 498A, 304B, 201 IPC, Police Station Basoni, District Agra whereby the accused-respondents Dharmendra Singh, Hawaldar Singh and Chameli Devi have been acquitted of charge under Sections 498A, 304B I.P.C. whereas accused-respondents Dharmendra Singh, Raj Kumar, Ravindra Singh, Santosh and Nand Kishore have been acquitted of charge under Section 201 I.P.C.
(3.) The prosecution version, as is apparent from the impugned judgment makes it evident that the written report was lodged by the informant Promod Kumar against the present accused-respondents under Section 498, 304B, 201 I.P.C. alleging therein that he got his sister Somwati wedded Dharmendra Singh on 11.07.1994. In the marriage, he gifted Rs.40000/-, television, stitching machine, fan, double bed, sofaset, gas oven, wrist watch, wall watch and utensils etc. After passage of time, a scooter was demanded from in-laws side. His sister was subjected to cruelty on account of non-fulfillment of the demand of scooter. Therefore, the informant's sister being perplexed, wrote a letter to her father. On receipt of the letter, when informant's father went there, she told the entire incident who took her to his home and got her educated up to class XII. In the meanwhile, though the in-laws side came to take his sister giving assurance that there will be no problem but his sister was subject to cruelty because of non-fulfillment of demand of scooter, the oral as well as written information whereof was given by his sister. Thereafter, on 27.06.199, Dharmendra, Hawaldar Singh and Chameli wife of Hawaldar Singh murdered his sister and caused disappearance of the body of his sister. This report is Ext. Ka-5.;