VIMLA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr.P.C. for quashing the proceedings of case crime no.95 of 2005 under sections 498-A & 304-B I.P.C. and u/s , Dowry Prohibition Act of police station Sarpatahan district Jaunpur.

(2.) The facts relevant for disposal of this application are that on 23.6.2005 a F.I.R. was lodged by Bechan Ram O.P. No.2 at police station Sarpatahan district Jaunpur with these allegations that marriage of his daughter Suman Devi had taken place with accused Sunil about four years ago. Sunil and his brother Mohan, father Tarsu, mother Smt. Prabhawati Devi and Bimla Devi wife of Mohan Ram were not satisfied with the dowry and they were demanding a golden chain. He could not meet the demand. On 27.6.2005 the accused started to beat Suman Devi and thereafter he committed her murder by strangulation. They were taking the dead body for burning it but he received an information about it, so he went to that place along with other residents of the village and saw the dead body of his daughter at Patti Narendrapur. The accused ran away on seeing the informant leaving the dead body there. Then he carried the dead body to the police station and prayed that action be taken in the matter.

(3.) On the basis of this report police registered a case under section 498-A & 304-B, I.P.C. and section Dowry Prohibition Act. Against the accused persons. Post-mortem of the dead body was performed. In the post-mortem report no injury of any sort was found on the dead body and cause of death could not be ascertained, hence, viscera was preserved and was sent for chemical examination. However, before the report could be received, the police submitted a charge sheet against the accused persons on 3.9.2005. Subsequently viscera report dated 1.10.2005 was received and according to that report no poison of any sort was found in the viscera sent for examination.