LAWS(DLH)-2011-10-12

AJAY KUMAR ALIAS LALU Vs. STATE

Decided On October 13, 2011
AJAY KUMAR @ LALU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) BY these petitions the Petitioners seek quashing of the impugned order dated 27th January, 2010 directing framing of charge and the order on charge under Section 498A/304B/34 IPC against the Petitioners.

(2.) AT the outset it may be noted that the Petitioners Ajay Kumar and Kamlesh were Petitioners in Criminal Revision Petition No. 109/2010. When the petition came up for hearing on 12th April, 2010 the learned counsel stated that he was not pressing the petition qua these two petitioners. Despite that a fresh Criminal Revision Petitioner No. 183/2010 has been filed stating that the petition qua these Petitioners was withdrawn inadvertently. No notice was issued in Criminal Revision Petition No. 183/2010, however it was tagged with connected matters for hearing.

(3.) I have heard learned counsel for the parties. Briefly the case of the prosecution is that Sarita daughter of the complainant Krishna was married to Ajay Kumar, Petitioner No.1 in Crl.Rev.P. 183/2010 on 3rd February, 2005 as per Hindu rites. According to the complainant, the marriage of complainant?s daughter was finalized through Jhabbar Singh, the uncle of Ajay Kumar. This finalization of marriage had taken place at the residence of the in-laws of Suman, the sister-in-law. Around 6 lakhs were spent in the marriage, however the in-laws of the deceased i.e. Ajay Kumar her husband, Kamlesh, the mother-in-law, Karan Singh Besoya the brother-in-law, Jhabbar Singh, the uncle and Suman the Sister-in-law, harassed and used to beat the deceased for demand of money. On this the complainant gave a sum of Rs. 1 lakh to in-laws of the deceased. However, still they were not satisfied. Thereafter they demanded that half share in the property of the complainant should be given to the deceased. When Manoj Kumar the brother of the deceased spoke to the Petitioner Jhabbar Singh along with the elders of the family, he demanded Rs. 1 lakh more and assured that thereafter Sarita would be settled at her matrimonial home. On this the complainant sold her house and gave Rs. 1 lakh to them. On receipt of the money Petitioners Jhabbar Singh and Suman assured and thus the deceased was sent to the matrimonial home. Despite assurance the in-laws of the deceased harassed her on account of demand of dowry and finally she committed suicide on 4th January, 2007. The fact that the in-laws were asking for a share in the property was told by Sarita to one Sanjeev her cousin, statement of Sanjeev Kumar was also recorded in this regard.