REENA Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant revision has been filed against the order dtd. 3/6/2024 passed by learned Additional Sessions Judge/ Special Judge (E.C. Act) Jalaun at Orai in Session Trial No. 182 of 2022 (State vs. Prabal Kumar and others) arising out of Case Crime No. 84 of 2021, under Ss. 498-A, 304-B IPC, and Sec. 4 of D.P. Act, Police Station Kadaura, District Jalaun. By the impugned order, learned court below has summoned the revisionists as additional accused in exercise of power under Sec. 319 Cr.P.C. on application 11-kha filed by the informant- Birendra Sachan in this regard.

(2.) Submissions of Mrs. Swati Agrawal Srivastava, learned counsel for the revisionists and learned AGA for the State and Sri Deepanshu Dhuriya, learned counsel for respondent no. 2 are already heard.

(3.) Succinctly, relevant facts of the case are that the informant, defacto complainant, has lodged FIR with police station concerned on 28/5/2021 on the basis of written report with averment that he married his daughter Deepa on 10/3/2015 with Prabal Kumar son of Brij Lal, resident of village Sheehupur, P.S. Ghatampur, District Kanpur Nagar, according to Hindu rites and rituals and spent around Rs.08.00 lakh in the marriage even then her husband and in-laws were not satisfied with dowry and gifts received in the marriage; the accused persons, who includes her husband, brothers- in-law Ajeet and Golu, mother-in-law, Malati, sister-in-law, Reena (Nanad) and her husband Sunil (Nandoi) started demanding Rs.01.00 lakh cash and one gold chain as additional dowry when his daughter Deepa declined to their demands, they used to engage in Marpeet with her and also abused her; his daughter Deepa was educated and had also received training of GNM; her husband is private veterinary doctor and habitual drinker; he was residing with Deepa in a rented house in Kadaura, Jalaun at Orai, which was owned by Anuj Sachan; Nanad and Nandoi of Deepa used to visit her husband at Kadaura and they would also give threats and beatings to his daughter there; her Nanad and Nandoi would incite her husband to eliminate her and they will get him re-married. On 17/3/2021, one Praveen Kumar had informed him and his daughter Renu that condition of Deepa was very serious, rush to Hallet Hospital, whereupon, his brother-in-law Dhirendra and daughter rushed to Hallet hospital and found her condition precarious; she was not given proper treatment there and therefore, they get her shifted to Sahara hospital, Kalyanpur where she was admitted in ICU on 18/3/2021, after some improvement, she was shifted at Priya hospital on 25/3/2021, during her treatment on 5/4/2021 when she was in ICU, she gained consciousness and told the informant, his wife and family members through indication that on 17/3/2021, her husband, sister-in-law and brother-in-law had strangulated her with intention to kill her; thereafter she became unconscious; she ultimately died during treatment at Priya Hospital on 17/4/2021. On receiving information of her death, police reached on the spot and carried out inquest on 18/4/2021; her post mortem examination was conducted; he was also told by landlord Anuj Sachan and his mother Sudha telephonically that neck of Deepa was pressed by Dupatta and to give it shape of hanging; Dupatta was tied with window; she was lying half on the floor; she could not have hanged herself by a small window; all these three persons had strangulated her by Dupatta, who died due to this injury during course of treatment; this murder was done by her husband, Nanad and Nandoi in a planned manner due to non fulfillment of demand of dowry.