STATE Vs. RAJENDRA JADLI

JUDGEMENT

(1.) This appeal, preferred by the State/appellant under Section 378(3) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as `Cr.P.C.'), is directed against the judgment and order dated 17.9.1996 passed by the 2nd Additional Chief Judicial Magistrate, Dehradun in Case No. 587/96, State v. Rajendra Jadli & Ors., whereby the respondents have been acquitted of the charges punishable under Section 498A, 406 of Indian Penal Code, 1860 (for short, IPC) and Section 3/4 of Dowry Prohibition Act (for short, `the Act').

(2.) Briefly stated facts of the case are that PW1 Smt. Sunita Jadli lodged a report Ex. Ka-3 on 29.3.1993 at 11.30 am with PS Cantt. Dehradun with the averments that she was married to respondent no. 1 Rajendra Jadli on 21.2.1992 at Dehradun as per Hindu rites. In the marriage her father Satya Prasad (PW2) had given dowry as per his status. She has further averred that after the marriage, respondents demanded Rs. 60,000/- more stating that the same was promised to be given after the marriage which was not given and because of this she was being harassed by the respondents. On the basis of this report, chick FIR was prepared and necessary entries were made in the GD. Investigation of this case was entrusted to SI Sharad Kumar. The I.O. during the course of investigation, recorded the statements of the witnesses and after completing the investigation, he filed the chargesheet against the respondents under Section 498A, 406 IPC and Section 3/4 of the Act.

(3.) On 3.6.1995, learned 3rd ACJM, Dehradun framed the charges against the respondents for the offence punishable under Section 498A, 406 IPC and Section 3/4 of the Act. The charges was read over and explained to the respondents, who pleaded not guilty and claimed to be tried.