STATE Vs. PRADEEP

JUDGEMENT

(1.) The State seeks leave to appeal, in this petition, against a judgment and order of the Additional Sessions Judge (hereafter "ASJ") dated 19.05.2010, in SC No. 37/2009, by which he acquitted the Respondent of the charge of committing offences under Sections 498-A and 304-B, Indian Penal Code, 1860 (IPC).

(2.) The prosecution allegations briefly were that the deceased, Malti Devi, got married to the Respondent Pradeep, on 07.06.2006. The deceased's father, Hukum Singh (PW-1) alleged that at time of marriage, the Respondent was given CT Motor bike, and Rs. 51,000/- in cash. It was also alleged that Pradeep, the Respondent husband, made a further demand that he wanted a Pulsar bike. PW-1 alleged that he spoke to the husband's father and uncle, who stated that they would talk with (counsel) him (i.e. Pradeep). PW-1 alleged that finally, he paid Rs. 20,000/- to Pradeep.

(3.) It was further alleged that on 13th August, 2007, PW-1 received a telephone call from the deceased that she was being beaten by the husband. As a result, he (PW-1, the father) went to her matrimonial home, and took her to LBS hospital, where she was treated for six hours. The next date fixed for her examination and treatment, in that hospital was 25.08.2007. It was stated that Malti's condition deteriorated on 24.08.2007; she was taken to the LBS hospital, where she was declared dead at 7.45 PM.