MADAN PAL SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri Veer Singh, learned Counsel for the appellant on admission of appeal under section 372 I.P.C. The appeal is directed against judgment of acquittal dated 23.2.2013 passed by the learned Additional Sessions Judge, Court No. 2 Muzaffarnagar in Sessions Trial No. 172 of 2006. Some of the admitted facts were that the deceased Ravita was married to respondent Amit Kumar as per Hindu rites and rituals on 7th March, 2002 and that she was residing in her matrimonial house on 13.5.2005. It is also not disputed that she was burnt and the burn injuries were to the extent of 95% and she died of those injuries.

(2.) What was alleged and what was disputed was that just after the marriage, not being satisfied with the quantum of dowry given by the father of the deceased, the in-laws of the deceased placed additional demand of Rs. 25,000/- in cash and a scooter. It was stated that the lady had been beaten up and expelled from the matrimonial house one year prior to the occurrence and was told to be allowed to return only when she had brought the demanded cash and the scooter. The informant stated that there was some patch up between the parties and Rs. 10,000/- in cash was given to the accused which facilitated the lady to return to her matrimonial house but the lady continued to be assaulted and beaten up daily and lastly, on 13.5.2005 at about 11:00 a.m. he learnt from some unknown persons that the lady had been burnt by her in-laws and husband.

(3.) The informant, examined as P.W. 1, claimed having rushed to the house of the accused and found that she had been admitted into the hospital. When he wanted to meet the deceased the doctors forbade him to do so.