STATE OF MADHYA PRADESH Vs. JAGDISH ALIAS JAWAHAR

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment dated 20.9.1996 passed in Criminal Case No.284/1992 by the Judicial Magistrate First Class, Bina District Sagar (Shri M.H.Ansari) by which the respondents were acquitted from the charges of offence punishable under Section 498-A of IPC and Section 4 of Dowry Prohibition Act.

(2.) THE prosecution case, in short, is that the marriage of the complainant Meena (PW-1) took place with the respondent Jagdish alias Jawahar on 26.6.1990. At the time of marriage swing machine, table fan, wall clock, wrist watch, radio, bed and utensils were given to Jagdish and his family members. A sum of Rs.21,000.00 was spent for those articles. After the performance of the marriage, respondents started harassing the complainant. She was kept hungry and she was directed to do much work. Her husband was assaulting the complainant in a closed room whereas her mother-in-law was threatening her that she would be set on fire after pouring oil upon her. Her brother-in-law was also assaulting with chimta. They were demanding a sum of Rs.20,000.00 so that the respondent Jagdish could do some business. Jagdish was also demanding for a golden chain and ring whereas mother-in-law of the complainant was demanding for almirah and cooler. They were threatening the complainant that second marriage of Jagdish will be performed. Jagdish and his father Hiralal went to the house of parents of the complainant with a threat that the complainant will be divorced, if such amount of dowry is not given. Some quarrel took place between the respondents and father & brothers of the complainant at Bina, and therefore a report was lodged at Bina Police Station. Ultimately the father of the complainant had approached the SDM Khurai and got search warrant issued by which the complainant was taken. The complainant was produced before the SDM Khurai and thereafter she was residing with her father. On 26.2.1992 she had submitted a typed FIR Ex.P-1 along with an affidavit Ex.P-2 to the Superintendent of Police, Sagar, which was sent to the Police Station Khurai. The Superintendent of Police, Sagar vide letter dated 26.2.1992 Ex.P-3 directed the SHO Gopalganj to transfer entire matter to Police Station Khurai. After due investigation, a charge sheet was filed by the Police Station Khurai before the competent Magistrate.

(3.) THE learned Judicial Magistrate First Class Khurai (Shri M.H.Ansari) after considering the prosecution evidence acquitted the respondents from all the charges.