Kashi Nath Pandey - (1.) HEARD learned counsel for the revisionists, Sri S. P. Singh, learned counsel for opposite party No. 2, Miss. Afshan Shafaut and the learned A.G.A.
(2.) SANJEEV Kumar, Ghan Shyam Jaiswal, Smt. Radhika Devi Jaiswal, Km. Kanchan, Smt. Hemlata and Km. Guddan have filed this revision against order dated 10.5.2001, passed by Chief Judicial Magistrate, Siddharth Nagar in Criminal Case No. 803 of 2000, State v. SANJEEV Kumar and others, rejecting the application of A.P.O., Siddharth Nagar moved under Section 321, Cr. P.C., for withdrawing the case against accused-revisionists pending before the Court under Sections 498A and 304B and 3/4 of Dowry Prohibition Act. According to the F.I.R., lodged by Sri Krishna Jaiswal son of Sri Raghunath Prasad, resident of Akbar Nagar, Banshi, Police Station Banshi, District Siddharth Nagar, the brother of the deceased had married his sister, Laxmi on 17.6.1998 with Sanjeev Jaiswal son of Ghanshyam Prasad, resident of Naugarh Bazar, Police Station Tetari Bazar. On account of dissatisfaction of dowry on 4.2.2000 at about 5.00 a.m. in the morning his sister, Laxmi was burnt by her husband Sanjeev Jaiswal, father-in-law Ghanshyam, mother-in-law Radhika Devi and sisters-in-law Kanchan, Hemlata and Guddan. Some persons informed him on telephone in the evening regarding the above incident, then he went to the matrimonial house of his sister and against their will, he had taken her to Gorakhpur for her treatment, where up to 19.2.2000 she was subjected to treatment in different hospitals. On the advice of doctor she was taken to Delhi for the treatment, where on 28.2.2000 at about 11.00 p.m. in the night she died. During the period of her treatment none of her family member turned up even to see her except her husband.
(3.) HE came to the house with a dead-body of his sister. In Delhi the husband of Lalxmi got the signature of his brother, Dhruv Chandra on several papers on 29.2.2000. After the above incident he also came to know that one week before the incident, 7 months baby of his sister was separated from her. According to the application, moved by A.P.O., Siddharth Nagar Sri Mool Chandra Pandey, Sanjeev Kumar Jaiswal the husband of the deceased tried to save her and he also received burn injury. The injury report is dated 10.2.2000. He had taken her to Gorakhpur and from 5.2.2000 up to 18.2.2000 she was subjected to treatment in Star Hospital Private Limited, Gorakhpur from the expenses of her husband. On 8.2.2000, dying declaration of Laxmi was recorded by Additional City Magistrate, Gorakhpur in which Laxmi did not implicate the revisionist. On 18.2.2000 she was referred to Safdarganj Hospital, Delhi where she was admitted for her treatment and there she died on 28.2.2000. On 21.2.2000 at about 6.45 p.m. in the evening S.D.M., Basant Bihar, New Delhi had recorded the statement of Laxmi in which she had not implicated any of the revisionist-accused. Inquest report was prepared by S.D.M., Basant Bihar on which there are signatures of accused, Sanjeev Kumar Jaiswal and Dhruv Chandra Jaiswal the brother of the deceased. At that time no allegation was made by Dhruv Chandra Jaiswal against the revisionist-accused. The statement of Dhruv Chandra Jaiswal was recorded by S.D.M., Basant Bihar. At that time his sister Munni Devi was also present. Her statement was also recorded. They have not implicated the revisionist-accused. Thus, there is nothing regarding demand of dowry or subjecting her to cruelty in any of the statement of Dhruv Chandra, Munni Devi and deceased.;