- (1.) Pushpendra @ Brij Bihari @ Pappi, a juvenile in conflict with law, has knocked the door of this Court Under Section 53,Juvenile Justice(Care and Protection of Children) Act 2000,seeking his release on bail in Crime No. 128/2010, Under Section 498A, 304B IPC, and section 3/4 of D.P. Act, P.S. Raya, district Mathura, and for that end has questioned the sustainability of orders passed by Juvenile Justice Board, Mathura, dated 16.3.2011 and also by lower appellate court/Sessions Court Mathura in Criminal Appeal No. 23 of 2011, Pushpendra @ Brij Bihari @ Pappi v. State, dated 19.5.2011.
(2.) Before entering into merits of revision, preceding facts generating this revision are noted below: Dharmawati (deceased), sister of Liladhar,(informant), aged about 20 years, tied her nuptial knot with the revisionist on 18.5.2010 according to hindu customs and rites. Although in that marriage Rs. 51,000/- cash, fridge, coloured T.V., double bed, ring and ornaments were given as dowry but her in-laws and other relatives were dissatisfied with it and they were persistently demanding a motor cycle so much so that during marriage ceremony in-laws demanded a Bullet motor cycle and Rs. 50,000/- cash and refused to perform Sapt-padi if their demands were not fulfilled. However, at that moment with great difficulty, with the help and intervention of villagers and relatives Rs. 50,000/- cash were handed over to the in laws and it was only after that they allowed the marriage ceremony to by completed.
(3.) After entering into in-laws house, Dharmawati was tortured and harassed for not fulfilling rapacious demand and when she came back to her parental home, she narrated her torture and harassment to the informant and her other relatives. She informed them that revisionist, her mother-in-law Rajwati, father-in-law Kedari, sister-in-laws Smt. Shashi, Smt. Rani and Km. Deepa, all were demanding cooler and motor cycle and she had apprehensions about safety her life if their demands were not fulfilled. After gaining knowledge about the torture and harassment informant along with his uncle Gopal Singh and other relative brother Jagdish, went to in-laws house on 1.3.2010 and had a dialogue with them and he was assured by the in-laws that hence forth Dharmawati will be treated well. On the said assurance informant again sent Dharmawati to her in-laws house on 5.3.2010, but persistent demand for dowry continued. Whenever the informant and other relatives visited Dharmawati(deceased) she always expressed apprehension of her life because of non fulfillment of dowry demand. On 2.5.2010 when informant's cousin brother Bhogendra went to bring back Dharmawati, he was informed that because of non giving of motor cycle, she was being assaulted regularly. Dharmawati also expressed apprehensions that she can be done to death any time. On receiving such a information, Bangali, another brother of the informant went to bring her back on 35.2010, and when he reached there at 4 p.m., he found Dharmawati lying in verandah of the house in a severely burnt condition and was reeling in agony and pain. Dharmawati informed Bangali that because of non fulfillment of dowry demand, her husband, in-laws and sister-in-laws had set her ablaze after pouring on her kerosene oil. Bangali intimated the said fact on telephone to the informant who immediately rushed for Neem Gaon, for in- laws house. On his way informant met Bangali along with Dharmawati and hence she was rushed to district Hospital Mathura but, there doctors advised him to carry her to Swarn Jayanti Hospital Mathura or to Agra. While Dharmawati was being transferred to Swarna Jayanti Hospital, Mathura, she succumbed to her injuries and so her cadaver was got deposited in Mathura mortuary and thereafter informant Liladhar, brother of the deceased got the FIR, annexure No. 1 lodged at P.S. Mathura, the same day at 8.50 p.m., which was registered as Crime No. 128 of 2010, Under Section 498A, 304B IPC and section 3/4 of D.P. Act.;