- (1.) Aggrieved by the judgment of acquittal dated 15.10.2014 passed by Addl. Sessions Judge/Special Judge, E.C. Act, Ghaziabad in S.T.No.337 of 2011, State of U.P. Vs. Rakesh Pandit & Others in case crime No.1940 of 2010 under sections 498-A/304-B, IPC and D.P.Act, P.S. Sahibabad, District Ghaziabad, the complainant has preferred this appeal under section 372 Cr.P.C.
(2.) We have heard learned counsel for the appellant on the point of admission and perused the record.
(3.) The prosecution case in brief is that on 15.10.2010 the informant Parshuram Pandit filed a written report before I.G.(Police), Lucknow mentioning therein that the marriage of his sister Sushila Kumari was solemnized with the accused-respondent Rakesh Pandit on 4.7.2010 according to Hindu rites. Soon after the marriage the husband Rakesh Pandit his parents and sister started demanding a motor-cycle and coloured T.V. as additional dowry. They started to harass and torture his sister on account of such demand. His sister had informed him about her harassment by her husband and in-laws on phone. Suddenly on 2.10.2010 at 4 p.m. the informant received a phone call about the death of his sister. He rushed to Ghaziabad in the morning of 3.10.2010 and got to know that the dead body of his sister was hurriedly cremated only after two hours of her death. When the informant asked about the cause of death of his sister, her husband and in-laws could not give any satisfactory answer. The informant tried to lodge the FIR but the S.O. of Police Station Sahibabad did not register the case on the ground that Panchayat Elections were going on and therefore he was unable to lodge any FIR till 14.10.12010. The complainant, therefore, had to file the application before I.G.(Police).;