- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for Opposite Party No. 2. A complaint case vide C.P. Case No. 119 of 2000 was lodged by Gopal Mishra, father of Nitu Jha, stating therein that his daughter Nitu Mishra was married to Devesh Jha on 9.5.1999 according to the Hindu rights and rituals. When his daughter came to her in -laws place, the accused persons put forth demand of dowry of Rs. 51,000/ - a scooter as well as Colour T.V. The complainant agreed to pay that amount in Gauna. Thereafter Opposite Party No. 3 Devesh Jha brought Nitu Jha to the house of the complainant on 26.01.2000 and left her there by saying that unless the demand is fulfilled, he will not be taking her back to his house.
(2.) IN the said complaint, parties led their evidences thereupon the trial court having found accused persons guilty for the offence punishable under Section 498A of the Indian Penal Code and also under section 4 of the Dowry Prohibition Act passed the judgment of conviction and order of sentence to undergo simple imprisonment for two years and to pay a fine of Rs. 2,000/ - for the offences under Section 498A of the Indian Penal Code; and to undergo simple imprisonment for four months and to pay a fine of Rs. 2,000/ - for the offence under Section 4 of the Dowry Prohibition Act vide judgment and order dated 26.5.2008. Being aggrieved with the said judgment and order, appeal being Criminal Appeal No. 137 of 2008 was preferred by the accused -opposite parties which was allowed and thereby the appellant were acquitted.
(3.) BEING aggrieved with the judgment of acquittal this application has been filed under Section 378 (4) of the Code of Criminal Procedure Code. Mr. Sri Prakash Jha, learned senior counsel, appearing for the petitioner, submits that the court while acquitting the Opposite Parties Nos. 2 to 4 has taken into account, certain stipulations made in the agreement in between the complainant Gopal Mishra and Shubash Jha the father of the Opposite Party No. 2, wherein father of Opposite party No. 2 had agreed to take Nitu Jha, the daughter of Gopal Mishra, with him, but certain stipulations which had been made thereunder had never been taken into account. In other words, whatever stipulations were in favour of the accused, it was taken notice of whereas stipulation, which were in favour of the complainant, were ignored and that by taking certain stipulation which were in favour of the accused persons the court recorded the order of acquittal which is quite bad and hence judgment passed in Criminal appeal is fit to be set aside.;