SMT. KALLI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri N.I. Jafri, learned counsel for the revisionists, learned A.G.A. for the State and perused the records of the case. None appears on behalf of opposite party no. 2.

(2.) The revisionists Smt. Kalli (now dead) and three others have preferred this revision against the judgement and order dated 18.7.2012 passed by the Additional District and Sessions Judge, Hamirpur in S.T. No. 1 of 2011 (State Vs. Naseer Uddin alias Bachcha), under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Maudaha, District Hamirpur, whereby the application moved by the prosecution under Section 319 Cr.P.C. was allowed and revisionists were summoned to face the trial under Sections 498-A , 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act.

(3.) Brief facts which give rise to the revision are that first information report was lodged on 21.8.2010 with the allegation that the marriage of the grand-daughter Shabnam Parveen alias Rani was performed with the Naseer Uddin alias Bachcha on 28.12.2008 in accordance with Muslim custom and rites and in the marriage sufficient amount of dowry i.e. motorcycle, television, refrigerator, sofa set and other household items were given but the husband and in-laws were not satisfied, and by raising the demand of Maruti Car, they used to torture her. On 21.8.2010, his grand-daughter was done to death after choking her neck by rope. After concluding the investigation, Investigating Officer submitted the charge-sheet against husband of the deceased namely Naseer Uddin alias Bachcha and rest accused including revisionists were exonerated. During trial, application moved by the prosecution under Section 319 Cr.P.C. was allowed and revisionists were summoned to face the trial under Sections 498-A , 304-B I.P.C. and Section 3 / 4 of the Dowry Prohibition Act.