STATE OF M P Vs. SHYAMSUNDER

JUDGEMENT

(1.) APPELLANT/state has filed the appeal under Section 378 of the Cr. P. C. against the judgment and order dated 30. 10. 1993 in Criminal Case No. 21/1985 passed by learned Judicial Magistrate, First Class, Biaora Rajgarh of acquitting the respondent accused from the offence punishable under Sections 498a, 324/34 and 323/34 of the IPC and for the offence punishable under Section 4 of Prevention of Dowry Act.

(2.) THE admitted facts of the case are that the marriage of complainant Seema (P. W. 2) was performed with accused Narendra on 6. 5. 1983 and accused Shyamlal and Sushila are the parents of accused Narendra, It is common ground that on the day of alleged incident 11. 11. 1984 the complainant Seema {p. W, 2) was staying in her matrimonial house with the accused person.

(3.) THE prosecution case is that on 11. 11. 1984 Ramcharan (P. W. 1) has lodged the written report in the Police Station Biaora that he is a Teacher in the school and the marriage of his daughter was solemnized about 10 months back with accused Narendra and after the marriage, accused Narendra and his parents are harassing his daughter to fulfil their demand of Rs. 20,000/- in the dowry and that on 9. 11. 1984 his wife Shanta Sharma (P. W. 3) went to the house of the accused to see her daughter and saw that there were several injuries on the body of Seema (P. W. 2) and that her daughter complained that she should be taken away from the house otherwise the accused persons will kill her for the dowry. The complainant Seema (P. W. 2) was sent for the medical examination to Civil Hospital Biora where Dr. R. K. Choure (P. W. 4) conducted her medical examination and found 5 injuries on her body and which were caused by hard and blunt object within the period of 2 days and the doctor advised the X-ray of the chest, confirmed the fracture. After the investigation, the Police has filed the charge-sheet against the accused persons on 8. 1. 1985 before the Judicial Magistrate, First Class-Biaora for the offence punishable under Sections 498a, 323, 324/34 of the IPC.