M.Chaudhary, J. - (1.) This is a government appeal filed on behalf of the State from judgment and order dated 15th of February 2001 passed by Sessions Judge Ghaziabad in sessions trial no. 1082 of 1998 State v. Anil Kumar & others acquitting the accused of the charge levelled against them under Sections 498-A and 304-B read with Section 34 IPC and sections 3 and 4 Dowry Prohibition Act.
(2.) Brief facts giving rise to this appeal are that one Paley Ram and his wife Smt. Bharto married their daughter Mithlesh with Anil Kumar son of Mahkar Singh resident of village Tateena, Police Station Mawana, District Meerut in the year 1994. After some time of her marriage she was subjected to cruelty by her husband and in-laws for want of dowry and they used to beat her now and then. Subsequently Anil Kumar alongwith his wife Mithlesh started living at village Sadarpur situate in Noida and her 'Devar' Satish alias Titu also resided with them. For sometime they lived happily but again Mithlesh was used to be beaten and illtreated by her husband and 'Devar' for want of dowry. Anil Kumar also sent a list of articles to be supplied by his father-in-law in dowry through his brother Satish and the demand of those articles could not be fulfilled by them as her parents were not in a financial position to satisfy the same. On 12th of May 1997 they learnt that their daughter Mithlesh died due to burn injuries and then they went to village Sadarpur and learnt that Mithlesh had succumbed to burn injuries. At 2:55 p.m. on 13th of May 97 smt. Bharto Devi lodged an FIR of the said incident at police station Noida situate at a distance of 3 kms from village Sadarpur mentioning therein that she suspected that her daughter Mithlesh was burnt to death by her husband and in-laws for want of dowry. The police registered a crime against Anil Kumar and his parents and brother Satish alias Titu under Sections 498-A and 304-B IPC accordingly and made entry regarding registration of the crime in the GD.
(3.) Smt. Mithlesh wife of Anil Kumar was admitted in Maulana Azad Medical College, New Delhi on 11th of May 97 at 11:30 p.m. where she succumbed to the burn injuries at 1:10 a.m. the same night.;