STATE Vs. ASHOK KUMAR

JUDGEMENT

(1.) This is a petition under Section 378(1) of the Criminal Procedure Code for leave to appeal against the judgment/order dated 2nd January, 2010 passed by the Additional Sessions Judge in the case FIR No.235/2003, under Section 498A/304B/34 of the Indian Penal Code, Police Station Gokal Puri acquitting the respondents Sanjeev Kumar, Rajeev Kumar, Ashok Kumar all sons of Vishambhar Dayal, Smt.Sharda Devi and Smt.Geeta Rani of the said offences.

(2.) Brief facts to comprehend the case are that deceased Kavita got married on 20th October, 2003 with respondent-3 Ashok Kumar about 5 months prior to 17th June, 2003 when she consumed Aluminum Phosphide tablets and succumbed to that.

(3.) Since deceased Kavita had died an unnatural death within seven years of her marriage, on the basis of the statements of the mother of the deceased Smt.Kaushaliya Devi, PW-2, made before PW-3, Sh. R.K. Chauhan, SDM on 17th June, 2003, investigation was carried out and the respondents were arrested after completion of formalities and post mortem of the body of the deceased. The allegations of the prosecution were that the husband Ashok, R-3 and in laws of the deceased Kavita used to taunt the deceased to bring dowry from her parental home and at the time of the marriage a motorcycle was demanded which was given to him. On 26th January, 2003 deceased visited her home and told her that the respondent Ashok had demanded Rs.11,000/- and had threatened to stab her if she did not get the money. 2-4 days after that deceased Kavita came back to the matrimonial home and stated that her husband Ashok has demanded Rs.20,000/- which was allegedly given by PW-1, the father to satisfy the dowry demand and to prevent any further harassment.