SHALINI SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By way of this criminal appeal, the judgment and order dated 18.10.1995 passed by the Additional CJM-III, Dehradun is under challenge. The said judgment was rendered by the learned Magistrate in complaint case no.1123 of 1994, Smt. Shalini Sharma Vs. Avdhesh Sharma & seven others.

(2.) It appears that Smt. Shalini Sharma was wedded with Avdhesh Sharma on 29.4.1986 as per Hindu rituals at Prem Nagar, Dehradun but soon after the marriage, the differences cropped up between the two families. Appellant came to her father's house many a times and at last, she was expelled from her in-laws house on 5.4.1989. Thereafter, she filed a complaint for the offence of Sections 406/498-A IPC and 3/4 Dowry Prohibition Act. After recording the statements u/s 200 and 202 Cr.P.C., the Magistrate took cognizance and tried the complaint. After adducing the evidence by the complainant u/s 244 Cr.P.C., the charge was levelled against all the seven accused persons for the offences, as stated above, and after recording the remaining evidence u/s 246 Cr.P.C. and hearing the arguments, the learned Magistrate passed the impugned judgment.

(3.) The complainant, being aggrieved, preferred the appeal in the High Court of Allahabad in 1995, where the old number assigned to it by the Allahabad High Court was 107/1995. 2 After carving out of this State, the matter was transferred to this Court for adjudication.