RADHIKA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Smt. Radhika sister of Chandra Prakash has filed present application challenging the charge sheet filed against her under Sections 498-A, 304-B, IPC, cognizance in the matter taken by Judicial Magistrate, Pithoragarh vide order dated 13.12.2004 and order dated 16.2.2005 summoning the Petitioner for the above mentioned offence.

(2.) The facts in brief are that Rewadhar Murari father of Shobha @ Savitri submitted a written complaint on 26.11.2004 to Incharge, Police Station Pithoragarh. According to the complainant, his daughter Shobha was married with Chandra Prakash on 30.4.1998. After the marriage was fixed, the mother of the Chandra Prakash, Smt. Jeewanti Devi made a demand of Rs. 40,000 which was fulfilled by him. Chandra Prakash, his mother and sister Hansa also made a demand of several jewellery articles which were also given by him at the time of marriage. About fifteen days after the marriage, when Shobha came to her parental house, she disclosed that her husband, mother-in-law and sister-in-law Hansa were commenting for giving inadequate dowry and for not giving a scooter. They asked her to bring money for purchasing the scooter therefore, complainant gave Rs. 10,000 to his daughter. According to the complainant, he had been meeting his daughter every month as he used to go to Pithoragarh canteen to take required items from the canteen. She had been disclosing about the harassment caused to her by the above persons. She also disclosed whenever complainant gave some money for personal expenses to Shobha, her husband took away the same from her. During the night intervening 11 and 12 February, 2002, Chandra Prakash, his mother and sister Hansa had thrown his daughter out of matrimonial home while she was pregnant, thus, Shobha went to her maternal uncle Sri D.N. Bhatt's house at Simalgar. She disclosed all the facts to her maternal uncle and also called the complainant by making phone call. The complainant got his daughter medically examined and went to lodge the report in police station, Pithoragarh but father of Chandra Prakash made a request not to report the matter. Chandra Prakash gave in writing that in future he will not harass Shobha. On 14.2.2002 Shobha went to her in-laws' house at Lohaghat where his daughter remained for one and a half years. Meanwhile she gave birth to a girl child. During the period Shobha stayed in her in-laws' house, she had been informing complainant about the harassment and cruelty meted out to her orally as well as in writing. On 10.11.2004, complainant's son Rajendra went to the house of Chandra Prakash to bring his sister for Bhaiya Dooj but Chandra Prakash, his mother and sister told Rajendra that she will not be sent till the amount for purchasing a scooter is given to them.

(3.) On 25.11.2004 Chandra Prakash made a telephone call to the complainant that Shobha had gone to bring the grass at 02.30 p.m. but she did not return back and enquired whether she had come to her parental house. On 26.11.2004 complainant went to Pithoragarh in search of his daughter, where he was informed by some persons that in the Nirada jungle, dead body of a woman was hanging. Therefore he went to the jungle along with some local people to bring his daughter who was hanging in the jungle. He categorically stated that his daughter was killed by her husband Chandra Prakash, mother-in-law Jeewanti and sister-in-law Hansa for not satisfying their demand of dowry.