KARMAVEER SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Sri V. P. Gupta, Advocate on the admission of the present appeal which is directed against the judgement of acquittal dated 01.10.2012 passed by the learned Additional District & Sessions Judge, Court No. 3, Amroha in Session Trial No. 497 of 2010 by which the respondents were acquitted of charges under Sections 307, 498A I.P.C. and 3/ 4 Dowry Prohibition Act.

(2.) As per the F.I.R. of the case, the accused persons not being satisfied with dowry which was given by the parents of Kabita Debi, who was married, undisputedly, to respondent-Vinod Kumar, was asking from her Rs.2,00,000/- in lieu of a car and not getting the demand met, they started ill-treating and torturing her. On 23.03.2010, the informant, who happened to be the full brother of the victim P.W.-2, was told about the acts of torture and ill-treatment perpetrated by the accused persons due to not fulfilling the demand for dowry and on the very next day, that's, on 24.03.2010, as per the F.I.R., the respondents by pouring kerosene oil on the prosecutrix (P.W.-2) set her at fire and attempted to kill her.

(3.) It is not disputed that the injured P.W.-2 was taken to the hospital by the family members, specially, the husband and treatment was afforded to her at their costs. She was bearing 30 percent burn injury and it appears from the very evidence of P.W.-2, that's, Kabita, which has been discussed at page 13 of the impugned judgement, that she did not come to her husband's house after being discharged from the hospital, rather went straight to her parent's house and few days of her arrival there, she was informed by the informant (P.W.-1) that he, without consulting her or without even letting her know, had lodged a report against the respondents on the 31st of March, 2010, that's, after 7 days of the incident. The lady had stated that she did not know as to what were the facts which had been stated by her brother in the F.I.R.