- (1.) This Acquittal Appeal filed under Section 378(4) of the Code of Criminal Procedure by the complainant-appellant is directed against the Judgment dated 14.11.2002 passed by Judicial Magistrate, 1st Class, Pakur in P.C.R. Case no. 262 of 1998 / T.R. No. 174 of 2002, whereby and whereunder the court having found the respondent nos. 2 to 4 not guilty for the offence under Section 498 "A" of the Indian Penal Code acquitted them from the charge.
(2.) The prosecution case, which originated from a complaint filed by the present appellant Rajiya Bibi, in short, is that the complainant-appellant was married with respondent no.2- Maksad Ali, almost two years before filing of the complaint petition and in the marriage, her parents had given ornaments, utensils and Rs.30,000/- in cash for purchasing a motorcycle and after marriage, she came to her matrimonial house and entrusted all the above presentations to her husband but her husband was not satisfied with the dowry, which was given to her by her parents. Her matrimonial life since after the marriage was not very happy as she was maltreated and misbehaved by her husband and Halima Bibi, the first wife of her husband, at the instigation of respondent no.4, the father-in-law. It is further alleged that after some time, the accused persons started demanding Rs.7,000/- for the treatment of respondent no.3, the first wife. Her father anyhow arranged Rs.5,000/- and gave it to her husband but even thereafter the accused persons continued to demand more money from her parents and due to non-fulfillment, she was subjected to physical torture and one day even the complainant was mercilessly assaulted in presence of her father and after snatching all her ornaments, she was turned out of the matrimonial house saying that she will not be allowed to lead her matrimonial life unless Rs.5,000/-, which is lying in her account in Gramin Bank, is withdrawn and handed over to them.
(3.) On the basis of the said complaint, P.C.R. case no. 262 of 1998 was registered and after taking cognizance, the Court of A.C.J.M., Pakur transferred the case for enquiry under Section 202 of Cr.P.C. and disposal. Thereafter, the charge under Section 498-A of Indian Penal Code was framed against the respondent nos. 2 to 4 to which the accused persons pleaded not guilty. The defence was complete denial of the allegation and claimed to be falsely implicated in this case.;