SHAIK KALEEMULLAH Vs. STATE AP

JUDGEMENT

(1.) The petitioners 1 to 10/A-2, A-3 and A-5 to A-12 are accused of offences punishable under Section 498 (A) IPC and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) A-2 is brother, A-3, A-5 to A-9 are sisters of A-1 who is husband of the second respondent/de facto complainant. A-10 to A-12 are brother-in-law of A-1, they being husbands of sisters of A-1. There is no dispute about marriage between the second respondent and A-1. A-1 is not figuring as one of the petitioners herein. A-4 who is another brother of A-1 is stated to be no more even by the time of giving report by the second respondent to the police, which report was registered as FIR No.108 of 2009 of Nizamabad IV Town Police Station. All the sisters of A-1 are married and are living with their respective husbands, except A-8.

(3.) It is alleged that parents of the second respondent gave dowry of Rs.70,000/- in cash, 11 tolas of gold, 20 tolas of silver, Hero Honda motorcycle and other household utensils at the time of marriage. The alleged dowry and articles might have been given to A-1 and not to any of A-1's brothers, sisters or brothers-in-law who are the petitioners herein. It is further alleged that A-1 was always beating the second respondent and abusing her and subjecting her to mental as well as physical harassment demanding her to get further dowry of Rs.1.00 lakh and that all the other accused were instigating A-1 to demand further dowry of Rs.1.00 lakh and to harass the second respondent and that finally all the accused necked the second respondent out of her family house demanding to bring Rs.1.00 lakh. Thus, main allegation of demanding additional dowry of Rs.1.00 lakh and putting the second respondent to physical and mental harassment is on A-1. It is only A-2 to A-12 are stated to have instigated A-1 to do the same. There are no specific allegations of any of the petitioners herein subjecting the second respondent to harassment by way of beating or abusing her, much less demanding to bring Rs.1.00 lakh towards additional dowry. If the alleged additional dowry is brought, then none of brothers, sisters and brothers-in-law would be beneficiaries and they would not get any share in that additional dowry.