SUMAN MITTAL Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been filed by the parents of deceased, Preeti Sharma (hereinafter referred to as the deceased), under Section 372 of the Code of Criminal Procedure, against the judgment of acquittal dated 17.8.2010, passed by learned Additional Sessions Judge, Delhi, in Sessions Case No.70/08, whereby respondents no.2 to 4 have been acquitted for the offences punishable under Section 498A/304B of the Indian Penal Code.

(2.) THE case of the prosecution, as noticed by the trial court, is as under:

(3.) MR .Madhukar, learned counsel for the appellants, submits that the impugned judgment rendered by the trial court is contrary to the evidence and the same is not in conformity with the law relating to matrimonial cruelty as contemplated under Section 498A IPC. Counsel further submits that the daughter of the appellants died in unnatural circumstances within seven years of her marriage, she was repeatedly harassed for dowry and upon her resistance to the same she was subjected to matrimonial cruelty. Counsel next submits that the findings of the trial court, more particularly in paras 34 and 35 of the impugned judgment, are contrary to the facts. Counsel also submits that the deceased was subjected to cruelty on account of dowry a few hours before the incident as Raja, respondent no.2, had demanded money from the mother of the deceased and upon her failure to pay the same he had sought to leave the deceased at her matrimonial home itself. Thus, the respondent no. 2 had sought to make the matrimonial status of the deceased depending upon the fulfilment of the said demand.