- (1.) The Criminal Miscellaneous application, in terms of Section 378 (4) of the Code of Criminal Procedure (for short - Cr.P.C.) for grant of special leave to appeal, has been filed by State of Haryana against the judgment dated 22.03.2011, passed by learned Additional Sessions Judge, Gurgaon, in Sessions case No. 99 of 22.11.2007, emanating from FIR No. 135 dated 01.08.2007 under Sections 302, 304-B, 406, 201 and 34 IPC, whereby, respondents Nos.1 and 2 have been acquitted of the charge framed against them. Brief facts of the case are that Shabnam (deceased) daughter of Ram Kishan (complainant) was married on 14.12.2004 according to Hindu rites and ceremonies with Naresh (respondent No.1). The complainant (Ram Kishan) had spent enough money on this marriage as per his status and had given an Alto Car, LG Automatic washing machine and other articles including jewellery, clothes, furniture etc. but the respondents and others were not satisfied, therewith, who started harassing Shabnam (deceased) for bringing inadequate dowry and asked her to bring '1.00 lac from the complainant (Ram Kishan) who showed his inability to pay this amount. The harassment of the deceased (Shabnam) continued and the respondents used to beat her.
(2.) One month after the marriage, Shabnam (deceased) told the complainant (Ram Kishan) about her harassment by the respondents on telephone, thereupon, complainant (Ram Kishan) alongwith his wife Sumitra and son Ajay went to the matrimonial home of his daughter-Shabnam (deceased) and requested the respondents and brother-in-law of the deceased (Shabnam) not to harass her for non-fulfillment of demand of '1.00 lac but they did not relent and continued the harassment of the deceased (Shabnam) and the respondents told that they need '1.00 lac for starting computer business and if, this amount was not paid then Shabnam (deceased) daughter of the complainant (Ram Kishan) would not be allowed to live in matrimonial house and she should seek divorce.
(3.) These facts were disclosed by the deceased (Shabnam) on telephone to the complainant (Ram Kishan) who, thereupon, alongwith his relative Jagmal Singh and brother-in-law Parmod again went to the matrimonial house of his daughter (Shabnam/deceased) and requested the respondents not to maltreat her and, thereafter, he went back. However, the respondents as also the maternal uncle of the husband (Naresh-respondent No.1) of the deceased (Shabnam) again started harassing her and beating her. Shabnam (deceased) continued to stay with the respondents in order to avoid any stigma but the latter did not mend themselves.;