TARENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants/accused have directed this revision under section 397 read with 401 of the Cr.P.C being aggrieved by the order dated 9.10.2012 passed by the JMFC, Damoh district Damoh in Criminal Case No.2929/11 whereby the charges of section 498-A, 323 in alternate 323/34 of the IPC and section 3 and 4 of the Dowry Prohibition Act have been framed against each of them.

(2.) The facts giving rise to this revision in short are that on dated 9.10.11, the victim/complainant/ respondent No.2 Smt Bharti Mishra, wife of applicant No.1 while daughter-in-law of applicant No.3 and sister-in-law of applicant No.2 lodged the FIR at PS Kotwali, Damoh against the applicants for the offence of section 498-A, 323 in alternate 323/34 of the IPC and section 3 and 4 of the Dowry Prohibition Act. As per averments of the same, she got married with applicant No.1 on dated 10.3.2011. Thereafter, for 3-4 times she remained with the applicant No.1 in the matrimonial home where she was subjected to cruelty on account of demand of dowry by the applicants. It is further stated that at the time of marriage more than the capacity of her parental family, the dowry of Rs.7 1/2 lacs was given to her. Thereafter Rs.50,000/- was given to his matrimonial family to dig the tube-well. Again Rs.1 lac fifty thousand was given to purchase some plot. Thereafter to construct house on such plot, Rs. 1 lac and ten thousand was given. Inspite that the applicants came to her home situated at Guard Line Damoh and demanded Rs. 1 lac more. On asking them to sit and take the break fast then by refusing the same, they repeated demand of Rs.1 lack and also abused her. On asking not to fulfill such demand then she was subjected to beating by the applicants by fists. She was rescued by her father Chhotelal Tiwari, her mother Smt Asha Tiwari and her brother Nitin Tiwari and Ashish Tiwari. In such incident she sustained injuries. On such information, the report was registered and she was sent to hospital where after carrying out medical examination, her MLC report was prepared.

(3.) After holding the investigation, on establishing the ingredients of the above-mentioned offence against the applicants, they were charge sheeted for the same. On evaluation of the charge sheet by the trial court, the above-mentioned charges were framed against the applicants. They abjured the guilt and thereafter, came to this court with this revision for quashment of the charges.