ANEETA DEVI Vs. STATE OF U.P. AND 7 OTHERS
LAWS(ALL)-2019-7-425
HIGH COURT OF ALLAHABAD
Decided on July 17,2019

Aneeta Devi Appellant
VERSUS
State Of U.P. And 7 Others Respondents

JUDGEMENT

Pradeep Kumar Srivastava, J. - (1.) Heard Sri Qazi Vakil Ahmad, learned counsel for the revisionist, Sri Agni Pal Singh, learned counsel for respondent nos. 2 to 8 and Sri Harish Chandra, learned A.G.A. for the State.
(2.) This criminal revision has been filed against the order dated 29.6.2015 passed by learned District Judge, Kanpur Dehat in Criminal Appeal No. 03 of 2014 as well as order dated 09.9.2013 passed by Additional Civil Judge (Sr. Division), Court no. 2/A.C.J.M Kanpur Dehat in Complaint Case No. 1095 of 2013, under Sections 498-A, 506 IPC, P.S. Gajner, Kanpur Nagar by which, the learned court below acquitted opposite party nos. 2 to 8 from the charge under Sections 498-A, 506 IPC and an appeal was preferred before the District Judge, Kanpur Dehat, which was dismissed and the judgment of court below acquitting opposite party nos. 2 to 8 was upheld.
(3.) Aggrieved by impugned judgment, this criminal revision has been filed on the ground that the impugned judgment is illegal as the same is against the facts and evidence available on record. The learned court below committed gross illegality in disbelieving the evidence produced by the revisionist. The learned court below did not apply judicial mind and as such impugned judgment is illegal, improper and perverse. The learned court below passed the impugned judgment on surmises and conjectures and ignored the material evidence available on record which was in favour of revisionist. 3. The brief facts of the case are that opposite party nos. 2 to 8 were summoned for the offence under Sections 498-A, 506 IPC on a complaint filed by the revisionist stating that she was married with opposite party no. 2 Manoj Kumar Sonkar on 06.6.1997 according to Hindu Rituals and enough dowry was given and money was also spent in the marriage. After the marriage, the behaviour of opposite parties became very cruel and harassing and they used to make complaint with regard to less dowry being given in the marriage. The opposite parties were demanding Rs.25,000/- and motorcycle to enable her husband to do some business. When revisionist and her parents expressed their inability to pay Rs.25,000/-, for even small things she was beaten by her husband and her in-laws and in the early morning she was forced to carry 250 buckets of water and to do all works relating to buffaloes etc. Proper food was also not given to her. On 15.7.2000, she was badly beaten by opposite parties and she was forced to leave the matrimonial house. When her maternal uncle went to her in-laws house in April, 2001, the opposite parties said that she will be sent to her parental house only when it will be given in writing on stamp paper that if any thing happens to her or she dies they will not be responsible for the same. The complainant filed a case for maintenance in the court of IInd Additional Chief Judicial Magistrate, Kanpur Dehat and on 05.5.2001, she went to police station Gajner for lodging an FIR, but report was not written and, therefore, she filed a case before the court. ;


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