VIMLA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of this criminal revision, judgment passed by the Second Additional Sessions Judge, Bahraich in Criminal Revision No.769 of 2006 dated 02.11.2007 has been challenged. By means of the impugned judgment, the learned Second Additional Sessions Judge had set aside the judgment passed by the Judicial Magistrate, Bahraich in Criminal Case no.252 of 2006 on 31.8.2006 in proceedings under Sec. 125 Crimial P.C., 1973

(2.) Brief facts of the case are that the revisionist Vimla Devi had filed Criminal Case no.252 of 2006 thereby asserting her right to maintenance under Sec. 125 Crimial P.C., 1973 from opposite parties-Ram Saroj, her husband and parents of her husband. Her allegations there were that Vimla Devi got married to Ram Saroj about three and a half years back from the date of filing the case under Sec. 125 Crimial P.C., 1973

(3.) After one year of marriage, ceremony of Gauna was performed and Vimla Devi had come to live with Ram Saroj as husband-wife. She thereafter lived as wife with Ram Saroj for six months. Parents of Ram Saroj were by nature greedy while Ram Saroj himself did not possess good character and he had relations with ladies residing nearby in the market area. Ram Saroj was also addicted to alcohol. Ram Saroj and his parents started demanding buffalo, bicycle, wrist watch and upon expression of inability to bring these articles, Ram Saroj and his parents started harassing Vimla Devi including physical assault. Left with no alternative, Vimla Devi went to her parental house. Thereafter on 15.5.1995, panchayat was convened in which, Ram Saroj and his parents accepted their fault and assured better behaviour in future. Thereupon, Vimla Devi once again went to her husband's house but the harassment was resumed for non-fulfilment of demand for additional dowry including threat of pouring kerosene oil upon Vimla Devi and lighting fire to it.