- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 21-4-2000 passed by the Learned Additional Chief Judicial Magistrate No. 1, Jodhpur in Criminal Case No. 384/92 by which the learned Judicial Magistrate acquitted the accused- respondents for the offence under Sections 498A and 406, I.P.C.
(2.) This appeal arises in the following circumstances : (i) That on 23-8-1992 PW 1 Rajshri lodged a written repot Ex.P/1 before Police Station Shastri Nagar, Jodhpur stating that she was married with the accused respodent No. 1 Dhruv Kumar Singh on 21-2-1985 at Jodhpur and thereafter she went to the house of her husband at Lucknow for living with him as he was woking there and after marriage behaviour of her husband with her with good, but thereafter after some time, he started harassing her for demand of dowry. It was further stated in the report that sister of her husband was married to the brother of PW 1 Rajshri and she is accused respondent No. 2 Smt. Vidhya Devi. It is further stated in the report that the accused respondent No. 2 Smt. Vidhya Devi also started pursuing her brother against her. When her mother sold the plot, the accused respondent No. 1 Dhruv Kumar asked her to bring her share and started beating her for not bringing Rs. 50000.00. It was also alleged that whenever Smt. Vidhya Devi used to come to Lucknow, she used to motivate her husband against her. She was also called "Kali" and accused respondents told her that she was not beautiful. Threat to her life was also given. She came to Jodhpur in the year 1989 and in the year 1990, the accused respondent No. 1 filed a suit for divorced in the Family Court at Lucknow. That suit at Lucknow is still pending and the Judge, Family Court at Lucknow asked the complainant PW 1 Rajshri that she should live forcibly in the house of her husband and thereafter she went on 21-5-1992 to her husband's house at Lucknow, but her husband accused respondent No. 1 abused her and threatened her for grave consequences and she was ousted from the house. Thus, behaviour of her husband accused respondents No. 1 was not cordial one and she was treated in cruel manner.
(3.) That on this report police registered a case and started investigation.;