GENDAN LAL MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) The present revision has been filed by the complainant against the judgement and order dated 5.2.2000 passed by the Special Judge (E.C. Act)/Additional District and Sessions Judge, Hardoi in Session Trial Nos.108 of 1985 and 695 of 1996, whereby the accused have been acquitted under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act.

(2.) First Information report was registered on 31.3.1994 at Police Station Sandila against five accused on a written compliant by father of the deceased i.e. P.W.-1, Gendan Lal Maurya alleging that the deceased Sunita, who was married to accused, Naresh S/o Shyam Lal two and a half years before the date of incident, was killed by the accused on 30.3.1994 for dowry demand. The deceased had nine months old son at the time of her death. The autopsy was performed on the dead body of the deceased and no ante-mortem injury was found. VISCERA was persevered for examination. However, a six months female fetus was present in the womb of the deceased. On examination of VISCERA, Aluminum Phosphate was found. Thus, the death of the deceased was caused due to consumption of poison, Aluminum Phosphate.

(3.) The only witness of fact was examined in support of the prosecution case i.e. complainant, father of the deceased. In his examination, he had said that he got the report written by himself and gave it at the police station, on the basis of which the F.I.R. was registered against the accused. It is important to mention here that the complainant did not mention any specific demand in the written report, however, in his statement before the Court, he said that the accused were demanding Rs.25,000/- cash and Rajdoot motorcycle. He had further said that at the time of marriage, sufficient dowry was given including cash and a Moped.