STATE OF U P Vs. SUSHIL KUMAR JAIN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18/06/1991, passed by the then II Additional Chief Judicial Magistrate, Muzaffarnagar. By virtue of the said verdict, the respondents were acquitted of the charges under Ss. 198-A, (498-A), 147, 323 read with S. 149, I. P. C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) A brief narration of the facts leading to this appeal may be noted as follows :- Sri Anand Prakash Jain, a resident of Sardhana, District Meerut lodged a first information report with the police of Khatauli police station, district Muzaffarnagar with the allegations that his daughter Mamta Jain was got married with Sri Sushil Kumar Jain on 7/05/1986 and he incurred sizable expenditures in solemnizing that marriage in accordance with his financial capability. However, the accused and his family members started demanding dowry barely eight days after the marriage and amongst other demands, scooter, colour T. V. and V. C. R. figured most. Mamta Jain was subjected to harassment by all the accused respondents and the informant came to learn about mal-treatment with which she was meted out on receipt of her letters. When Mamta came back to Sardhana, then also she disclosed about her being treated with cruelty. The informant's efforts to appease the accused persons failed. Mamta kept on going to her husband's house but every time she had to face the embarrassing situation of dowry demand. In the year 1987, Mamta delivered a child in Meerut Hospital but none of the accused persons came to see her. During her stay, with her husband at Delhi where he was in service, she was beaten by him. She then went to her in-laws' house at Khatauli but there also she was subjected to mal-treatment and assaulted. On 9-6-1988 at 5 p.m. she was again subjected to physical cruelty and even an attempt to set her ablaze was made. Being horrified with the situation, Mamta managed her escape from the clutches of the accused respondents. Sri Surendra Kumar, who is the brother-in-law of the informant, took the girl to the hospital for treatment and medical examination. The informant lodged the report on 10-6-1988.

(3.) All the accused, namely, Sushil Kumar Jain, Km. Neetu, Km. Sangeeta, Smt. Kanti, Devendra and Vishwambhar Sahai pleaded not guilty and denied all the incriminating allegations levelled against them.