KANWAR PAL Vs. SHAKUNTALA AND ORS.

JUDGEMENT

(1.) As the State has not preferred any appeal against the judgment of acquittal passed by learned Additional Sessions Judge (hereinafter referred to as trial court) dated 19.11.2005 vide which the respondents no.1 to 5 have been acquitted in FIR No.281/2001, PS Geeta Colony, aggrieved by the same, Kanwar Pal, father of the deceased (hereinafter referred to as the petitioner) filed the present revision petition to set aside the same and to punish the respondents no.1 to 5.

(2.) Factual matrix, as emerges from the record, is that the daughter of the petitioner, namely, Savita was married with respondent no.2 Ashok Kumar on 26.11.2001 and it has been alleged that on 25.12.2002, dowry death of the daughter of the petitioner was caused by the respondents no.1 to 5 due to harassment and cruelty in connection with demand of dowry. Deceased Savita was found hanging on 25.12.2002. After the inquest proceedings by the SDM, the FIR of the case was recorded. On completion of investigation, report under Section 173 Cr.P.C. was filed. After compliance of provisions of Section 207 Cr.P.C, on the basis of the report, 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 respondents no.1 to 5 on 14.10.2003.