KANHAIYA LAL Vs. SECOND ADDITIONAL SESSIONS JUDGE

JUDGEMENT

(1.) THE present revision has been directed against the judgment and order dated 8.4.1997 passed by Addl. Sessions Judge (IInd) Haridwar in which the learned Sessions Judge acquitted the accused persons, i.e., respondent Nos. 2 to 5 in Sessions Trial No. 272/96. During the pendency of the revision respondent No. 3, Tulsi Ram has died.

(2.) BRIEF facts leading to the prosecution is that the marriage of the deceased -Mona was solemnised with Moti Ram. It is also alleged by the prosecution that immediately after the marriage, the husband and her in -laws were demanding a sum of Rs. 15,000 - 20,000 as dowry and she was beaten several times. When she did not conceded to the demand of her husband and his relatives, she was turned out from the house and she came to her parental house. It is further alleged that the accused -respondents had obtained the signature of the deceased on the blank paper and an application was given purporting to have been written by the deceased to S.S.P., Saharanpur and that application was factually wrong. On 30.10.1995 an application was given by the father of the deceased to the A.C.J.M., Roorkee that the accused -respondents are demanding dowry and they are harassing the deceased -Mona. A police report was sought and the police submitted the report that the facts narrated in the application for demanding the dowry by the husband and their relatives were not correct. Thereafter, the parties came to the amicable settlement before the A.C.M. and the deceased -Mona went to her matrimonial house. The brother of the deceased, Kanhaiya Lal after finishing his official duties went to the house of the deceased -Mona on 7.2.1996 and he was informed by the villagers that his sister Mona -deceased had been murdered by the accused/respondent Nos. 2 to 5.

(3.) THE accused -respondent Nos. 2 to 5 were charged under Sections 304B and 498A, I.P.C. The accused -respondent Nos. 2 to 5 denied the charges levelled against them and claimed trial.