ANGOORI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Ram Raj Pandey, the learned counsel for the appellant and learned Additional Government Advocate for the State of U.P and perused the lower court record.

(2.) THIS application to grant the leave to appeal (under section 372 Cr.P.C.) has been filed against the judgment and order dated 11.5.2012 passed by the learned Sessions Judge, Baghpat in Sessions Trial No. 508 of 2011, by which the accused -respondents have been acquitted for the offences punishable under sections 498 -A, 304 -B, 302 IPC and 3/4 Dowry Prohibition Act.

(3.) THE First Information Report dated 6.11.2011 reveals that marriage of deceased, Smt. Mamta was performed with Mahesh Kumar, accused -respondent No. 2. After the marriage, the husband of the deceased her Jeth Arun and Dewar Mone, accused -respondent No. 3 subjecting the deceased, Smt. Mamta to cruelty and pressurizing the deceased for dowry, on their demand cash of Rs. 2,00,000/ -(rupees two lacs) was paid by the first informant to the husband and Jeth of the deceased before the election of Block Pramukh, so that the deceased may not be subjected to cruelty, but again the demand of Rs. 2 lacs was made to which the first informant was not capable. The accused -respondent, Mone informed the first informant on phone on 6.11.2011 at about 6.00 p.m. that the deceased has died by hanging herself. On that information, the first informant and his family members reached to the house of deceased at about 8.00 p.m. and they saw the dead body lying on land, the deceased committed suicide because she was abetted to do so by her in -laws, thereafter the FIR was lodged under section 306 IPC. According to the postmortem report, the deceased had sustained a ligature mark on her neck. After lodging of the FIR on 6.11.2011 at 11.15 p.m., the investigation proceeded in accordance with law, which culminated into filing of the police report in the shape of charge -sheet under sections 498 -A, 304 -B IPC and 3/4 Dowry Prohibition Act against the accused -persons. The Sessions Judge framed charges against the accused -persons under sections 498 -A, 304 -B, 302 IPC read with section 3/4 Dowry Prohibition Act.