CHANDRABHAN SINGH SIKARWAR Vs. STATE OF M P

JUDGEMENT

(1.) The present judgment shall govern the disposal of both the cases (Cr.R.No.165/1999 & Cr.A.No.169/1999). Criminal Revision No.165/1999 under Section 397/401 of the Code of Criminal Procedure, 1973 (in short The Code ) has been preferred by the petitioner/complainant against the judgment dated 30-03-1999 passed by learned First Additional Sessions Judge, Gwalior in Sessions Trial No.154/1996 whereby respondent No.2 (Ram Manohar Singh Sengar) has been acquitted of the offences punishable under Sections 304- B and 201 of Indian Penal Code (in short IPC). Criminal Appeal No.169/1999 under Section 374 of the Code has been preferred by the appellant/accused against the judgment of conviction and sentence dated 30-03-1999 passed by learned First Additional Sessions Judge, Gwalior in Sessions Trial No.154/1996 whereby the appellant has been convicted for the offence punishable under Section 498-A of IPC and sentenced to undergo 3 years' rigorous imprisonment.

(2.) The prosecution case, in brief, is that the marriage of Ram Manohar Singh and Rekha had taken place on 16-02-1887 at Gwalior. After marriage Rekha started living with the accused persons. At the time of marriage Ram Manohar Singh (husband of Rekha) was posted in Oriental Bank of Commerce, Agrawal Mandi, Merrut but in the year 1990 he was transferred to Gwalior. The accusation of prosecution is that the accused persons used to demand a plot and a gas connection in dowry and on non-fulfillment of demand of dowry, the accused persons started harassing Rekha mentally and physically. In the month of September, 1991 Rekha had written a letter to her father complaining that she has not been provided proper clothes and maltreated by the accused persons and requested for taking away from her matrimonial house. On 18-09-1991 father Chandrabhan had brought her daughter to Gwalior and on 20-09-1991 Chandrabhan wrote a letter to the accused persons with regard to not harassing her daughter (Rekha). Showing annoyance to that letter, husband of Rekha, Ram Monohar (accused herein) had lodged the proceedings under Hindu Marriage Act at Gwalior which was compromised by both the parties on the assurance that the accused persons shall provide adequate treatment to Rekha. On that assurance, the accused persons had taken Rekha with them but since then Rekha did not turn up in the Court proceedings.

(3.) When the request of production of Rekha before the Court was made by Chandrabhan, on 08-12-1992 accused persons have informed that Rekha had gone to her paternal house on the occasion of Rakshbandhan and since then her whereabouts is not known. On receiving the said information, FIR (Ex-P/17) was lodged and registered as crime No.457/1993 at police station Indarganj Vidisha for the offence punishable under Section 498-A of IPC. After completion of investigation, charge-sheet was filed against the accused persons for the said offence but later on, on the prayer of prosecution, the offences punishable under Sections 304-B and 201 of IPC were also framed by the trial Court against the accused persons.