NEELAM DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionists, learned counsel for the O.P. No. 2 and learned A.G.A. for the State.

(2.) This criminal revision is directed against the order dtd. 10/8/2022 passed by Additional Sessions Judge/F.T.C. No. 2, Azamgarh in S.T. No. 126 of 2018 (State Vs. Shashi Kant) Case Crime No. 367 of 2017, P.S. Kotwali, District Azamgarh. By the impugned order the learned trial court on an application of the prosecution, exercising powers under sec. 319 Cr.P.C. has summoned the revisionists-accused for trial.

(3.) The O.P. No. 2 lodged an FIR on 18/7/2017 alleging therein that the marriage of his daughter Hemlata was solemnized with Shashikant on 19/5/2015 and on the demand of in-laws Rs.3.00 lac cash, one motorcycle, golden ring and various household articles were given in dowry but her husband Shashikant, parents-in-law Ram Asrey Chaudhary, Neelam Chaudhary and Devar Raja Chaudhary were not satisfied with the dowry and used to harass and torture her. They were demanding one golden chain and one lac cash as additional dowry and were threatening to oust her. They ousted her from their house after eight days of delivery. His daughter told him the entire facts on telephone and relative of the complainant kept her and got her treated. Thereafter, the complainant came and took her to Mumbai and got her treatment. After counselling he sent his daughter to her in-laws house but the accused persons again started to abuse and torture her. Yesterday on 16/7/2017 he came to know that his daughter has been burnt and killed. After investigation charge-sheet was submitted only against Shashikant, husband of the deceased. Investigating Officer exonerated the remaining named accused persons in the FIR on the ground that no evidence is found against them. During course of trial Rambhawati Kannojiya, P.W.1 mother of the deceased and complainant Pancham Kannojiya, P.W. 2 were examined. The prosecution moved an application under sec. 319 Cr.P.C. to summon the other accused persons named in the FIR namely Ram Asrey Chaudhary, Neelam Chaudhary and Raja Chaudhary. The learned trial court by the impugned order has allowed the aforesaid application and summoned them.