KAUSHALYABAI Vs. KULDEEP

JUDGEMENT

(1.) THIS revision under Section 397/401 of the Code of Criminal Procedure is directed against the judgment dated 17. 2. 2000, delivered by Sessions Judge, Sagar, in Criminal Appeal No. 20 of 2000 arising out of judgment dated 31. 1. 2000, delivered by Chief Judicial Magistrate, Sagar, in Criminal Case No. 944 of 1999.

(2.) THE applicant/complainant has filed this revision being aggrieved by the impugned judgment dated 17. 2. 2000, whereby the Sessions Judge, Sagar has set aside the conviction and sentence of the non-applicant Nos. 1 to 4 under Section 498-A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. The non-applicant Nos. 1 to 4 were convicted and sentenced by the Trial Magistrate to undergo R. I. for one year each and to pay a fine of Rs. 100/- each, in default whereof, to further undergo R. I. for six months each, under Section 498-A of the Indian Penal Code. They were further convicted and sentenced by the Trial Magistrate to undergo R. I. for one year each and to pay a fine of Rs. 100/- each, in default whereof, to further undergo R. I. for six months each, under Section 3/4 of Dowry Prohibition Act. Sentences on both the counts were directed by the Trial Magistrate, to run concurrently.

(3.) THE prosecution story, in brief, is that the applicant had married the non-applicant No. 1 Kuldeep Dubey on 2. 10. 1992, at Sagar. The non-applicant No. 2 Radheshyam is father of the non-applicant No. 1 and his mother is non-applicant No. 4, Smt. Munni. Miss Renu, the non-applicant No. 3 is his sister. It was alleged by the prosecution that the non-applicant Nos. 1 to 4 were dealing with the applicant with cruelty from the very inception of the marriage. They used to beat the applicant and were always threatening her that they shall kill her by setting her to fire. It was also stated that she was not given food continuously during this period for several times. It was also alleged that the non-applicant No. 1 Kuldeep Dubey prevented the applicant from telling the events in her house to any neighbour, by threatening her that in case she told the events to the neighbours, he shall commit suicide. All this cruelty was done because the applicant Smt. Kaushalya Bai had not brought sufficient dowry and it was stated that unless at least a scooter was given to the non-applicant No. 1 from her parents, the non-applicant Nos. 1 to 4 will go on harassing her. The allegation against the non-applicant No. 2 Radheshyam was that he always used to utter that in case dowry was not given by the applicant he will turn her out and get the non-applicant No. 1 Kuldeep Dubey married to another girl.