RONGON MUKHOPADHYAY,J. - (1.) Heard Mr. Amritanshu Singh, learned counsel for the petitioner and Mr. Ashok Kumar, learned A.P.P. No one appears on behalf of O.P. Nos. 2 to 5 in spite of valid service of notice.
(2.) This application is directed against the judgment dated 5.9.2002, passed by the learned Judicial Magistrate, 1st class, Dhanbad in G.R. Case No. 2668 of 1998, whereby and whereunder opposite party nos. 2 to 5 were acquitted for the charges levelled against them under section 498A of the Indian Penal Code.
(3.) It has been submitted by the learned counsel for the petitioner that P.Ws. 2, 3 and 4 are all independent witnesses, who have supported the factum of occurrence with respect to demand of dowry and the subsequent assault on the petitioner on account of non fulfillment of the said demand. It has further been submitted that P.Ws. 1 and 5 are the parents of the petitioner, who have supported the prosecution case. It has also been submitted that there being consistent evidence with respect to the assault committed upon the petitioner and her ouster from the matrimonial house, learned courts below should have convicted opposite party nos. 2 to 5 under section 498A of the Indian Penal Code. It appears that a complaint case was filed by the petitioner against O.P. Nos. 2 to 5, in which it was alleged that the petitioner was married with opposite party no. 2 and out of the said wedlock, a daughter was born. It is said that at the time of marriage, father of the petitioner had given cash, golden jewellery as well as other costly articles. Allegation has been levelled that during her stay at her in-laws house, petitioner was treated cruelly and there was always demand of Rs. 50,000/- made by the accused persons in order to purchase a Hero Honda Motorcycle. Father of the petitioner had given Rs. 10,000/- and on failure to make payment of Rs. 40,000/-, petitioner was kicked out from her matrimonial house with a warning that until and unless she brings Rs. 40,000/-, she will not be allowed to enter into her matrimonial house. ;