STATE OF U P Vs. RAMESH KUMAR BA

JUDGEMENT

(1.) K. S. Rakhra, J. This is an appeal under section 378 (3) Cr. P. C. against the judgment and order dated 26. 2. 2002 passed by Additional Sessions Judge (Fast Track Court No. 2,) Azamgarh in Sessions Trial No. 318 of 1992 whereby the Trial Court has acquitted all the five respondents of the charges under sections 498-A/304-B IPC.

(2.) BRIEF facts giving rise to the present appeal are that respondent-Ramesh Kumar resident of Qasba and police station Nizamabad District Azamgarh was married to Sheela Devi D/o Mahavir Prasad Barnwal resident of Mohalla Saraimeer Tola Mahajani Police Station Saraimeer District Azamgarh. After about three years of this marriage Sheela Devi died at her matrimonial home on account of burn injuries suffered by her on 22. 6. 1991. Her father Mahavir Prasad Barnwal then lodged a written report at Police Station Nizamabad District Azamgarh alleging that Ramesh Kumar aforesaid and his family members were not satisfied with the dowry given in the aforesaid marriage and they raised demand of motor cycle. In connection with said demand, they used to harass and torture Sheela Devi and also used to physically assault her. Mahavir Prasad then brought Sheela Devi to his home where she lived for a year. After that on 24. 5. 1999 Ramesh Kumar aforesaid came to the complainant's house and took back Sheela Devi with him to Nizamabad. On 22. 6. 1991 the complainant got news that Sheela Devi had received bum injuries. When Mahavir Prasad and his family members rushed to Nizamabad to find out the welfare of Sheela Devi, they came to know that she has been shifted to District Hospital Azamgarh. On reaching their they found that Sheela Devi had already expired. In the first information report it was mentioned that Sheela Devi had died on account of harassment and torture by her husband Ramesh Kumar and his family members. The police registered the first information report as Crime No. 115 of 1991 under sections 498-A/304-B IPC at Police Station Nizamabad District Azamgarh.

(3.) IT was claimed by the prosecution that on 24. 6. 1991 the complainant Mahavir Prasad had handed over to the investigating officer the invitation card of marriage of Sheela Devi with Ramesh Kumar along with video cassette of the marriage. The complainant also handed over to the investigating officer four letters Ex. 2 to 5 which were allegedly written by deceased Sheela Devi. On 14th July, 1991 the complainant handed over a school book of the deceased to the investigating officer on which name of Sheela Devi was written allegedly in her own hand writing. The investigating officer recorded statement of other witnesses and submitted charge-sheet. The accused respondents Audhesh Kumar, Smt. Savitri Devi and Smt. Poonam were arrested by the police on 2. 8. 1991. The husband Ramesh Kumar had surrendered.