STATE Vs. LAL MANI

JUDGEMENT

(1.) The State has, by this Petition, sought leave to appeal against a judgment and order of the learned Additional Sessions Judge dated 16.09.2010 in S.C. No. 14/2008, by which the three accused (hereafter referred to as "the respondents") were acquitted of the charge of having committed offences punishable under Sections 498-A/304-B read with Section 34 IPC.

(2.) The prosecution alleged that the accused respondents tortured and harassed, and demanded dowry which led to the death of Anju. The allegations of torture, harassment and demand for dowry were made by PW1 Dharmender Prashad, PW2 Ravinder Kumar and PW3 in the statements to the Police after Anju's death. The Trial Court acquitted all the accused due to insufficient evidence and inconsistencies in witnesses' statements.

(3.) According to the prosecution, the deceased Anju got married to accused Vinay Kumar on 02-07-2006. PW1 (brother of deceased Anju), Dharmender Prashad and PW2 Ravinder Kumar deposed that the mother-in-law Lal Mani Devi, brother-in-law (husband's younger brother) Arun Kumar, together with her (the deceased's) husband Vinay Kumar used to beat her and demand dowry. It was alleged that the accused Arun Kumar misbehaved and tried to rape the deceased Anju. On 09-11-2006 the deceased Anju took her own life by hanging herself by a chunni from the ceiling fan in her room, in her in laws house. On 12-11-2006 brother of Anju, PW1 Dharmender Prasad made a statement to Sub Divisional Magistrate (Delhi Cantt) and Anju's body was sent to Mortuary Safdarjung Hospital. An FIR was registered and accused persons, i.e. Vinay Kumar, Smt Lal Mani and Arun Kumar were arrested and charge sheet was filed. Thereafter the Trial court framed the charges and in order to prove its case the prosecution examined 16 prosecution witnesses. The defence examined one witness, Mrs Anita. The Trial Court acquitted all the accused persons of the charges framed against them.