STATE OF CHHATTISGARH Vs. SHRIKISHAN AGRAWAL

JUDGEMENT

(1.) THIS appeal has been filed by the State under Section 378 of the Code of Criminal Procedure against the judgment dated 18.9.2003 passed in Sessions Trial No.250/00 by 9th Additional Sessions Judge (FTC), Raipur, acquitting the respondents of the charges under Sections 304B, 306,406 and 498A of the Indian Penal Code.

(2.) CASE of the prosecution, in brief, is that deceased Sandhya Agrawal was married to respondent No.1 Kishan Agrawal on 16.2.1996 at Tilda Nevra as per Hindu customs and ceremonies. After marriage whenever the deceased used to go to her maternal home at Charoda, Bhilai, she used to complain that the respondents are harassing and torturing her in connection with demand of dowry. In addition to her family members, the deceased had also complained in this regard to Gajanand Shrivastava (PW-1), Madanlal Agrawal (PW-10) and others. She had also written letters to her mother in this regard. In the month of November, 1996, respondent No.3 Rajkumar Agrawal, father-in-law of the deceased, had lodged a report with the police that the deceased is suffering from hormonal deficiency and there are no signs of her becoming mother. When Vishnu Agrawal (PW-4) and Mohanlal Agrawal (PW-17) had gone to enquire about the same from the respondents, the respondents had replied that the deceased had not been given sufficient dowry, on account of which they have lodged the report leveling allegations against the deceased and either they should give amount in dowry or otherwise they will ask respondent No.1 Kishan Agrawal to give divorce to the deceased. After this, an amount of Rs.25,000/- was given by the brother and the uncle of the deceased to the respondents. After some time, respondent No.1 Kishan Agrawal leveling false charges against the deceased filed a case of divorce at Raipur. On coming to know about this when the brother and the uncle of the deceased approached the respondents, they demanded further amount in dowry, on which again Rs.25,000/-was paid to the respondents. Thereafter, meetings of the Agrawal community were also convened at Tilda Nevra and Raipur, after which respondent No.1 had taken the deceased alongwith him back to Tilda Nevra from Charoda, Bhilai. The deceased, in addition to demand of dowry by the respondents, also used to complain that the respondents also used to accuse her that on account of hormonal deficiency, she cannot become mother and give birth to a child.

(3.) THE dead body of the deceased was taken for cremation and cremation was done at her in-laws' place at Tilda Nevra. After about 20-25 days of the incident, a written report (Ex.P/6) was submitted by Vishnu Prasad Agrawal (PW-4) before the police, whereupon an FIR was registered in respect of the aforesaid offences.