ABHILASHA Vs. ASHOK DONGRE

JUDGEMENT

(1.) THIS criminal revision is directed against judgment dated 31.12.2008 passed by Judicial Magistrate First Class, Katangi, District Balaghat, in Criminal Case No. 336 of 2008 whereby, accused persons/respondents Basant Kumar Dongre, Ashok Dongre and Savita Dongre were acquitted of the charge under Section 498A read with Section 34 of the I.P.C.

(2.) THE prosecution case before the learned Trial Court was as follows: The revisionist/first informant Abhilasha had married respondent/accused no. 3 Basant Kumar on 17.5.2002 by Hindu rites. At the time of her marriage, her parents and brothers had given her Suzuki Motorcycle, Colour T.V., Fridge, Washing Machine, Almirah, Sofa Set, Dining Table, Diwan, Gold Chain, two Gold Rings and other ornaments and utensils. In addition thereto, she was also given Rs. 8,000/ - in cash that was received by the revisionist in gift from her relatives and acquaintances. After marriage, the petitioner stayed with her husband in the house of his brother in law Ashok and his wife Savita at Balaghat. They used to harass her complaining that they wanted Hero Honda Splendor Motorcycle in dowry, whereas her parents had only given Suzuki Motorcycle. They sometimes demanded Rs. 30,000/ - and other times 50,000/ - by way of dowry saying that her parents had given no cash. Ashok and his wife Savita also use to say that they had incurred expenditure on the adjudication and marriage of her husband Basant; therefore, they need to be compensated by her parents. Ashok and Savita used to instigate Basant to beat her. As a result, her husband Basant used to beat, threaten her that he would see her after reaching Tendukheda, where he was posted as teacher.

(3.) AFTER trial, learned Trial Court acquitted all three accused persons namely Basant, Ashok and Savita of the charge under Section 498 -A read with section 34 of the I.P.C., extending benefit of doubt.