GUDIYA ALIAS PRATIMA SINGH Vs. STATE O

JUDGEMENT

(1.) AMAR Saran, J. Heard learned Counsel for the applicants, Sri Manoj Kumar Singh, learned Counsel for the complainant and learned A. G. A.

(2.) SRI Manoj Kumar Singh has filed a counter affidavit on behalf of Tejdhari Singh, complainant, father of Seema Devi as Seema Devi died subsequent to the incident.

(3.) INITIALLY, allegations under section 156 (3) of the Cr. P. C. were that co-accused Dilip Kumar Singh was married with Seema Devi in 2001. Substantial amount of dowry was given at the time of marriage and sufficient expenses were incurred by the father of Seema Devi, but Dilip Singh and his father Harish Chandra at the time of 'khichri festival' demanded a coloured T. V. , golden chain, fridge and Motor Cycle and they were not willing to consume the "khichri" for non- fulfilment of the dowry demands. When Smt. Seema (deceased) went to her Sasural then again the applicants and co-accused reiterated the demand for a Coloured T. V. , Chain, Fridge and Car. Again, some demands were made when she came to her parental home after 8 days. When Seema went to her Sasural on 22. 2. 2002, she was again tortured by the applicants. When Dilip Singh got a job in the Wireless Department, he now demanded a car instead of a motor cycle which he was demanding earlier. It is said that in case of non-fulfilment of the demand, the applicants and co-accused would get Dilip married elsewhere and Seema will be sent back to her home and they would not bring her back to her Sasural. On 19. 8. 2006 at about 11 p. m. the applicants Kusumwati and Gudia and their father abused Seema for not bringing the dowry items, then she replied that it will be better if she would be eliminated at one time instead of teasing her again and again. On her reply, all the accused persons beat her with dandas, kicks and fists even though Seema was pregnant by 3 or 4 months. Kusumwati and Gudia gave fists blow on her stomach so that she could abort. Thereafter her husband and father-in-law Harish Chandra took her forcibly from Kanpur to Lucknow and from Lucknow to Janpur and left her all alone at the City Station Jaunpur and also threatened her that if she could not meet out the dowry demands aforesaid, she would be murdered and Dilip would be married elsewhere. Then Seema rang up her parental house "maika" and ultimately she was taken there and on the next day she was medically examined. Subsequently, she aborted the child.