STATE OF U P Vs. BHUPENDRA MOHAN SHARMA

JUDGEMENT

(1.) THIS State Appeal has been preferred against the judgment and order of acquittal dated 9.4.2014 passed in Sessions Trial No.790 of 2011, State Vs. Bhupendra Mohan Sharma arising out of Case Crime No.132 of 1989 for offence under Sections 498 -A, 304 -B, 302 IPC, police station Hariparwat, district Agra passed by court of Additional Sessions Judge, court no.12, Agra.

(2.) BRIEFLY stated facts of the case, as we gather it from perusal of certified copy of the impugned judgment are that Smt. Leela Rani Sharma (mother of the deceased) lodged a first information report at police station Hariparwat, district Agra on 20.3.1989 alleging therein that her daughter Anju was wedded 8 years ago with Surendra Sharma s/o Sardari Lal Sharma, r/o Mohalla Peer Kalyani, police station Hariparwat wherein she gave articles as per her capacity. After 7 -8 months of the 'vidai' , accused Surendra Sharma (husband of the deceased) demanded Rs.15,000/ - for opening a shop and for fulfillment of the said demand, victim Anju was being tortured by the accused persons, namely, Surendra Sharma, his sister Shanti, mother Virawali and his younger brother Bantu @ Bhupendra. Anyhow complainant gave Rs.15,000/ - to Surendra Sharma as demanded by him earlier. But the said amount was spent for taking liquor by Surendra Sharma and he again demanded Rs.15,000/ -. When the demand was not fulfilled, the husband of the deceased and his family members started harassing and maltreating her daughter Anju. When Anju (deceased) came to her parental home, she told about her woes. On 9.3.1989, a telegram was received to the effect "reach soon as Anju is serious". Therefore, the complainant came to Agra all along from Delhi where she came to know that her daughter Anju is admitted in Hospital. Complainant went to the hospital where she found her daughter sustaining burn injuries. The complainant inquired about the same from Anju whereupon it was disclosed that her husband Surendra Sharma, 'nanad' Shanti, mother -in -law Virawali and 'dever' Bantu @ Bhupendra have caused burn injuries by pouring kerosene oil on her. As soon as, she came to know about burn injury being caused by aforesaid accused persons, she was very much consternated over it. Anju died in hospital on 12.3.1989. Complainant was very much annoyed, therefore, she returned to Delhi and waited for her husband to come to home, because her husband was out of station. When her husband did not return, she came all along with her daughter Uma Sharma to get the report lodged. This report was lodged at police station Hariparvat, district Agra at case crime no.132 of 1989, under Sections 498 -A, 304 -B IPC on 20.3.1989. Thereafter, investigation was conducted by the Investigating Officer R.K.S. Rathore, Deputy Superintendent of Police, who after collecting the entire evidence and doing the needful, filed charge -sheet against accused Surendra Mohan Sharma, Bhupendra Mohan Sharma and Smt. Virawali for offences under Sections 498 -A, 304 -B IPC (Exhibit Ka -5). Thereafter the case was committed by the Magistrate to the court of Sessions whereupon the trial commenced.

(3.) AS per the judgment impugned, it transpires that accused Surendra Mohan Sharma did not appear before the Magistrate, therefore, his case was separated at initial stage during course of proceeding before the Magistrate. Since the accused Virawali died during the proceeding of case, therefore, case against her stood abated. Accused Bhupendra Mohan Sharma appeared in Court, therefore, he was heard on the point of charge under Sections 498 -A, 304 -B IPC. Prima facie, ground was found existing against accused therefore, charges under Sections 498 -A, 304 -B IPC were framed. Besides charge under Section 302/34 IPC was also framed in the alternative. Charges were read over and explained to the accused, who denied the charges and claimed to be tried.