B. B. Mangalmurti, J. - (1.) Heard counsel for the petitioner and learned A.P.P. for the State.
(2.) The petitioner seeks leave to appeal against the judgment of acquittal dated 04.06.2016 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. Case No.740/2009 (T.R. No.523/2016) whereby opposite party Nos. 2 to 5 have been acquitted of the charges under Section 498-A, of the Indian Penal Code.
(3.) The prosecution story as alleged in the complaint petition No.740 of 2009 filed on 30.04.2009 is as follows:- The complainant Kalyani Saha was married to Sanjib Saha, opposite party No.2 on 03.03.2006 and thereafter it was registered before the Registrar of Marriage at Kulti on the same day. Further allegations are that on demand of opposite party Nos. 2 to 5, the father of the complainant paid them a sum of Rs.1,50,000/- in cash, 8 bhari golden ornaments and several other house hold articles worth Rs.1,00,000/-. After marriage, the complainant went to her matrimonial house for leading conjugal life. The opposite party Nos. 3, 4 and 5 were not satisfied with the amount of cash and articles given at the time of marriage, started demanding one Maruti car which was denied by the complainant saying that her father is a poor man and not in a position to satisfy the further demand of Maruti car. On refusal by the complainant, all the opposite parties started torturing the complainant mentally and physically. Anyhow the complainant tolerated the same with a hope that after passage of time everything will be set right. In the meantime, the complainant became pregnant and later on gave birth to a child. At this time also, all the accused persons renewed their demand of Maruti car from the father of the complainant who showed his inability to fulfill their demand, then O.P.Nos. 2 to 5 assaulted the complainant mercilessly. Further case is that O.P.No.2 along with complainant came to Dhanbad in the month of December, 2007 and again demanded Maruti car or in lieu thereof Rs.2,50,000/- in cash from the father of the complainant. When the father of the complainant showed his inability to fulfill the demand then the complainant was assaulted in presence of witnesses. The opposite parties also threatened to kill the complainant by administering poisonous medicine. It has been specifically mentioned that on 17th December, 2007 O.P.No.2 threw the complainant on the ground and O.P. Nos. 3 and 4 held the hands of the complainant and O.P.No.5 forcibly injected some medicine in the hand of the complainant causing pain in all over the body. The opposite parties injected thrice in the body of the complainant and declared that from the injection she would suffer various ailments and would die in normal course. After receiving information, the father of the complainant visited there and immediately paid a sum of Rs.20,000/- to O.P.No.2 and requested them for grant of harmonious life to the complainant. Thereafter, to fulfill their demand, father of the complainant by taking loan from near friends and railway department, paid a sum of Rs.l,00,000/-to O.P.No.3. Further case is that due to administration of injection pain started in the belly area of the complainant and when it became unbearable then the father of the complainant took her to Sri Sathya Sai Institute of Higher Medical Science, Putparthi (Andhra Pradesh) for treatment. Meanwhile, all the accused persons broke the lock of the tenanted premises of the complainant and removed all the belongings, ornaments etc. from the residence. After the complainant returned, she reported the matter to Kalna Police Station but no action was taken due to influence of the accused persons. They had also threatened the landlord and witnesses. Thereafter all the accused persons came in the quarter of her father at Dhanbad on 25-4-2009 and in absence of her father all the opposite parties assaulted the complainant in a very inhuman way and fled away from there. The matter was reported to Dhanbad Police Station who in turn advised them to file case in the court. Thereafter Complaint Case No.740/2009 was registered against the accused persons. ;