Sanjay Kumar Singh, J. - (1.) Heard Sri Vidhu Bhushan Singh, learned counsel for the revisionist, Sri S.P. Sharma, learned counsel appearing on behalf of opposite party no. 2, learned A.G.A. for the State and perused the material available on record.
(2.) This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist against the impugned order dated 17.06.2017, passed by Additional Sessions Judge, Court No. 3, Jhansi, in Sessions Trial No. 127 of 2016, under Sections 498A, 304 B Indian Penal Code and Section ¾ Dowry Prohibition Act, Police Station-Sipari Bazar, District Jhansi, whereby the Additional Sessions Judge, Jhansi has declared the accused Rohit Yadav/opposite party no. 2 as juvenile on the date of occurrence/offence dated 24.02.2016.
(3.) Brief facts of the case are that marriage of the opposite party no. 2 (husband) was solemnized with Chhaya (daughter of the revisionist) aged about 20 years on 09.05.2015. Smt. Chhaya within ten months of her marriage died in her matrimonial house. On 24.02.2016, the revisionist lodged a first information report against opposite party no. 2 and his family members registered as Case Crime No. 104 of 2016, under Sections 498A, 304B I.P.C. and Section ¾ D.P. Act at Police Station-Sipari Bazar, District Jhansi making allegation that since the opposite party no. 2 and his family members were not satisfied with the dowry given by the revisionist in marriage of his daughter, therefore, there was consistent demand of four wheeler car and cash amount to the tune of Rs. 5 lakhs from the side of accused persons and due to non fulfillment of said demand of dowry, they used to assault the deceased (daughter of the revisionist). It is further said that on 24.02.2016, the revisionist on receiving information went to the matrimonial house of his daughter and saw that his daughter Chhaya was lying on the bed in dead condition. In the postmortem report dated 25.02.2016, age of deceased (wife of opposite party no.2) is mentioned as 20 years, cause of death was found "Asphyxia due to antimortem ligature strangulation", and viscera also preserved for criminal analysis.;