SURMILA DEVI Vs. STATE

JUDGEMENT

(1.) THIS revision petition under section 397/401 read with Section 482 of the Criminal Procedure Code (hereinafter referred to as 'cr. P. C. ') has been filed by the complainant Smt. Surmila devi against the judgment dated 8. 2. 2005 of the then Additional Sessions Judge whereby respondent Nos. 2 to 4 were acquitted of the offences under Sections 302/4987 201/34 IPC.

(2.) BRIEFLY narrated, the case of the prosecution is that Meena since deceased was married to accused Ram Naresh on 10. 12. 1998/1993 (year of marriage is disputed) at imligarh, Gulluwara Bihar. After her marriage with respondent Ram Naresh, meena lived in her matrimonial home in bihar and she visited her parents house at delhi only thrice on the occasion of marriage of her sisters since after her marriage till her death on 17. 8. 2003. On 27. 5. 2003, marriage of Meena's sister Seema was fixed and she was brought from Bihar by the petitioner and her husband on 19. 5. 2003 to taimur Nagar and deceased was taken away by her husband to Bihar on 29. 5. 2003 and upon reaching Bihar, Meena gave a phone call to the petitioner that she was alright. On occasion of Raksha Bandhan on 11. 8. 2003, Meena's father went to Meena's house, where he was abused and Meena was not sent alongwith him and finally on 17. 8. 2003, petitioner received the information about Meena's death and also that she had been cremated.

(3.) AFTER the death of Meena, the concerned SDM recorded the statement of the complainant/petitioner and in her statement, she levelled allegations of torture and harassment for want of dowry against the respondents namely Babaji Kharga; father-in-law, Ram Naresh, husband and Hari narayan; brother-in-law (Jeth) of deceased meena and expressed her suspicion that meena was killed by the respondents. Statement of the complainant was also endorsed by Uma Kant, father of the deceased and another prosecution witness. Uma Kant also made similar statement before the SDM. Hence, at the instance of the SDM, the case was registered. against respondent Nos. 2 to 4 under Sections 498a/304b/34 IPC.