RAMESHAVAR DAYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Sanjive Kumar Gupta, learned counsel for the revisionist and learned A.G.A. for the State. None is present on behalf of private opposite parties.

(2.) Instant Criminal Revision has been preferred challenging the order dtd. 28/10/2024 passed by learned Additional Sessions Judge/ Fast Track Court (Crime against Women), Budaun in S.T. No. 2049 of 2023 (State of U.P. Vs. Anil) arising out of Case Crime No.324 of 2023, under Ss. 498-A, 306 IPC, Police Station Ujhani, District Budaun, whereby application under Sec. 319 Cr.P.C. moved by the revisionist/informant has been rejected.

(3.) The facts giving rise to the present criminal revision in short are that revisionist/informant lodged an FIR by moving a written complaint against his son-in-law Anil (who was married to his daughter Vineeta on 9/11/2016) alongwith his father Pappu @ Rishipal, mother Nanhe @ Rambeti and Sudha Devi (Nanad). In his complaint, it has been alleged that he had married his daughter with Anil as per Hindu customs and traditions and had spent Rs.04.00 lakhs in the marriage, yet Vineeta's husband and Anil, father-in-law Pappu @ Rishipal, mother-in-law Nanhe @ Rambeti and sister-in-law Sudha Devi were not happy with the expenditure and they demanded a motorcycle as additional dowry. The revisionist/informant alleged therein that son-in-law and their family members were mentally and physically harassing his daughter for demand of motorcycle as additional dowry. They threatened to kill Vineeta for arranging second marriage of Anil. Many times the dispute between the parties were settled through Panchayats, yet her matrimonial family members used to tease and torture her regularly and in the meantime, two children, one son and one daughter, were born out of their wedlock. On 14/6/2024 at about 04:00 in the evening, information through phone call was received by Prempal (uncle of deceased and brother of informant) that Vineeta has been murdered by strangulation by her in-laws. On receiving this information, informant, informant's brother Prempal, son Umesh and informant's wife Virawati and others villagers reached to matrimonial home of Vineeta and they found that police had already sent the dead body for postmortem to Budaun. They reached the postmortem office, and seeing Vineeta's dead body after postmortem, they found injury marks on her body and neck. He is fully convinced that above mentioned persons have murdered her daughter for additional demand of dowry within 06 years 07 months and 06 days of her marriage. On the aforementioned written complaint of revisionist/informant, first information report as Case Crime No. 324 of 2023 was registered on 23/6/2023 in the concerned police station against named accused.