PARAS NATH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This revision is preferred against the judgment and order dated 2.5.2003 passed by the Additional Sessions Judge (Fast Track Court No.1), Jaunpur in Sessions Trial No.88 of 1997 (State Versus Subhash and others) acquitting the accused opposite parties u/ss.498A, 304 B and 201 I.P.C. and Sections 3/4 Dowry Prohibition Act.

(2.) The prosecution case in brief is that a First Information Report was lodged by complainant Paras Nath Yadav the revisionist on 1.3.1996 at Police Station Machhli Shahar, District-Jaunpur that the marriage of his daughter Pramila Devi aged 22 years was performed in May, 1990 and sufficient dowry was given at the time of marriage. In April, 1993 his daughter went to her in law's house and when she returned to her house she told the complainant and other family members that her husband and other in-laws have demanded motor cycle. The complainant tried to persuade the accused persons and sent his daughter to her in-law's house. On 25.2.1996 one Awadhesh Yadav who is related to accused Subhash informed the complainant that his daughter had expired and when the complainant enquired he was informed by some neighbours that his daughter had expired after consuming some poisonous substance and she was cremated without any information to the complainant.

(3.) After investigation charge sheet was submitted against accused opposite parties no.2 to 4 who were committed to the court of Sessions to face trial u/ss. 498A, 304 B and 201 I.P.C. and Sections 3/4 Dowry Prohibition Act. After framing charges, the accused opposite parties were tried and the evidence was recorded. The son of the complainant was examined as P.W.1, complainant was examined as P.W.2, the Investigating Officer Hari Shankar Yadav was examined as P.W.3 and constable Rajendra Prasad Dwivedi was examined as P.W.4. In defence the accused persons examined Awadhesh Narayan Yadav as D.W.1 and Dr. Mansha Ram Singh, Medical Officer of Primary Health Centre, Baraipar, Machhli Shahar, District- Jaunpur was examined as D.W.2 and also produced the marriage card of the deceased and the papers relating to her treatment.