NEERAJ KUMAR Vs. SURAJ PRAKASH

JUDGEMENT

(1.) Aggrieved by the judgment of acquittal passed by learned Additional Sessions Judge (hereinafter referred to as trial court) dated 10.07.2001 vide which the respondent nos.1 to 4 have been acquitted in FIR No.97/1995, PS Mansarovar Park, Neeraj Kumar, brother of the deceased (hereinafter referred to as the petitioner) filed the present revision petition to set aside the same and to punish the respondent nos.1 to 4, as the State has not filed appeal against the acquittal.

(2.) Factual matrix, as emerges from the record, is that the sister of the petitioner, namely, Sangeeta (hereinafter referred to as deceased) was married with respondent no.1 Suraj Prakash on 02.05.1990 and it has been alleged that on 10.06.1995, dowry death of the sister of the petitioner was caused by the respondent nos.1 to 4 due to cruelty in connection with demand of dowry. Deceased died due to burn injuries on 10.06.1995. After the inquest proceedings by the SDM, an FIR of the case was recorded. On completion of investigation, charge-sheet was filed. After compliance of provisions of Section 207 Cr.P.C, the learned MM took the cognizance and committed the matter to the Court of Sessions as the matter was exclusively triable by the Court of Sessions.

(3.) The learned trial court framed the charges for offences punishable under Section 498A read with 34 IPC as well as under Section 304B read with 34 IPC against the respondent nos.1 to 4 on 31.08.1996.