ARJUN PRASAD CHANDRAWANSHI, AGED ABOUT 60 YEARS, S/O FAGU RAM, R/O VILLAGE DALPURIA, P.S. PIPARIA, TEH. & DISTT. KAWARDHA, C.G. Vs. THE STATE OF CHHATTISGARH, THROUGH POLICE CHOWKI PANDA, TARAI, P.S. KUNDA, DISTRICT BILASPUR (NOW DIST. KAWARDHA) C.G.

JUDGEMENT

(1.) (CAV) - This criminal revision has been filed by the parents of the deceased Chitrarekha under Sec. 397/401 of the Code of Criminal Procedure,1973 (hereinafter referred to as "Cr.P.C") against the judgment dated 27/08/2002 passed by the Second Additional Sessions Judge (F.T.C.) Mungeli in Session Trial No. 200 of 2000, whereby, the respondents Nos. 1 to 4 have been acquitted from the offence punishable under Sections 498-A/34 and 304-B/34 of the Indian Penal Code (hereinafter referred to as "IPC"). The State Government has also questioned the propriety of this judgment while filing the appeal under Sec. 378 of the Crimial P.C. which is registered as Acquittal Appeal No. 445 of 2010.

(2.) Since the common questions of law and facts are involved in both these matters, therefore, they are being heard together and disposed of by this common judgment.

(3.) The undisputed facts are that the respondent No.-2 Narendra was married to deceased Chitrarekha and the allegation levelled against the accused persons are that immediately after the marriage deceased Chitrarekha has expired on 28.3.2000 in a suspicious circumstances as she was subjected to cruelty and harassment on account of demand of dowry of Motorcycle, Colour T.V., Ornaments etc. Therefore, a charge-sheet under Sections 498-A/34 and 304-B/34 of the Penal Code was registered against the accused persons.