STATE Vs. SURAJ MEHTO

JUDGEMENT

(1.) (OPEN COURT)

(2.) THIS judgment will dispose of the petition for leave to appeal preferred by the State challenging the judgment and order dated 30.04.2010 of learned Addl. Session Judge in SC No.137/2007. By the impugned judgment the Trial Court acquitted the Respondents, Suraj Mehto and Dhanwanti of the charges for having committed offences under Sections 498A/ 304B/ 34 IPC.

(3.) WE have carefully considered the submissions and the Trial Court record, requisitioned for the purpose of these proceedings. PW-5 Sanjay Kumar (deceaseds brother) deposed that two demands for dowry were made at the time of marriage i.e. ` 20,000/- and ` 30,000/-, which were fulfilled at the relevant time i.e. April, 2005. The next demand was made about 6 months later by the accused for purchasing a motorcycle; this witness as well as PW-7 (deceaseds mother) deposed that ` 1,00,000/- was demanded, however, they could not give the amount; PW-5 had to prematurely encash a chit fund (committee) money, which led to accused being paid ` 80,000/- sometime in October, 2005. PW-5 and PW-7 are consistent upto this point. After this there is variance; PW-5 is silent whether any cruelty was meted out during the subsistence of the marriage at all. PW-7 (deceaseds mother) deposed that the deceased daughter was harassed by the accused and his family members for not fulfilling the dowry demands. She deposed that even 2 months before her death i.e. 16.06.2007 the deceased told her about the harassment suffered by her.