LAWS(ALL)-2007-4-133

ANIL SHARMA Vs. STATE OF U P

Decided On April 06, 2007
ANIL SHARMA Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) ACCORDING to the prosecution version, Opposite Party No. 3 informant Smt. Mamta Sharma was married to applicant No. 1 Anil Sharma of Ajmer on 3 -3 -1995 and she was cordially treated for about two and a half month by her husband and in -laws. Thereafter, she came to Agra to her parents from where on her return to her in laws as alleged, she found her husband and in laws quite indifferent to her, they raised demands of cash of Rs. 50,000/ -, a T.V., a V.C.R. and a Scooter from her and started coercing her to fulfil their demands. Her husband his, mother Bhagwan Devi applicant No. 6, brothers applicant Nos. 3, 4, 5 and 2 Shiv Dutt, Suresh, Rajendra and Shiv Nath, applicant Nos. 7, 8 and 9 Anita Vinita and Sunita, wives of Shiv Dutt, Suresh and Rajendra respectively and husband's sister applicant No. 11 Tulsi Devi and her husband applicant No. 10 Luxmi Narain used to beat and harass her. It is also alleged that on 8 -2 -1997, all the accused made an abortive bid to kill her by sprinkling oil. Thereafter, they all turned her out from their house. One Sri Mahesh Chandra Goel of Ajmer, one of the friends of the father of the complainant sent her by bus to Agra. Her parents alongwith other relatives, thereafter, went to Ajmer to her husband and in -laws to persuade them but in vain.

(2.) IT is said that on 8 -3 -1998, all the accused came to the house of the complainant at Agra at 7 O'clock in the morning and asked the father of the complainant to fulfil their demands so they could take the complainant, which led to a tussle between the accused and her father. The wives of her husband's elder brothers bit her by the tooth and all the accused beat the complainant. She was rescued by Mohallawalas. She was taken to District Hospital, Agra where she was examined on her injuries, and thereafter she lodged a First Information Report of the incident on 8 -3 -1998 at Police Station Rakabganj, Agra. The police investigated the case and in the result of investigation the police (Criminal Case No. 17 of 1998) filed a charge -sheet under Sections 498 -A, 224 and 506 I.P.C. before Special Chief Judicial Magistrate, Agra who ordered issuance of summons against the applicants.

(3.) I have heard Sri Sahab Tiwari, Advocate for the applicants, Sri M.B. Singh, Advocate for the Opposite Party No. 3 Smt. Mamta Sharma and Sri R.S. Maurya, Additional Government Advocate for the State.