ASHOK Vs. DEEWAN

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of Cr.P.C for setting aside the order dated 23.12.2009 passed by Second ASJ (FTC) Sabalgarh District Morena in Cr.Revision No.201 of 2009 whereby, the order passed by learned JMFC Sabalgarh dated 24.7.2009 rejecting the private complaint filed by the petitioner against the respondents no.1 to 5 for offences under Section 498A, 304B and 201 of IPC, has been affirmed.

(2.) The facts in brief giving rise to this petition are that the marriage of deceased Lalo Bai daughter of the complainant was solemnized with one Diwan i.e. the respondent no.1 of village Mangrol on 5.8.2006. After marriage, said Diwan started forcing deceased to bring a motorcycle and other articles from her father. The fact of demanding dowry by the respondent Diwan and other co -accused was also disclosed by the deceased to the complainant and her mother from time to time. Thereafter on 24.3.2008 one Jagmohan of village Mangrol informed the complainant that on previous night of 23.3.2008, respondent Diwan brutally beat the deceased, due to which, she sustained severe injuries and asked the complainant to go with him to see the deceased. On reaching village Mangrol, the complainant found the dead body of his daughter Lalo lying on the pyre in the cremation ground. There were several injuries on the body of the deceased, hence, the complainant tried to pacify the respondents -accused not to cremate the dead body and first to get the postmortem of the deceased conducted but the respondents refused to do so and forcibly committed cremation of the dead body. Hence, on the same day the complainant went to PS Tetra and reported the matter to the police but his complaint was not registered. Thereafter, he filed applications/complaints to the SDOP and SP concerned to get his complaint recorded against the respondents - accused for the aforesaid offences as stated earlier but since nothing was done hence, the petitioner/complainant was left with no option but to file a criminal complaint before JMFC Sabalgarh district Morena against the respondents -accused under section 498A, 304B and 201 of IPC. But the learned trial court dismissed the complaint of the petitioner. Feeling aggrieved by the said order, the petitioner preferred a revision before the revisional court on the ground that the order of trial court was illegal and contrary to law as prima facie case i.e. offences under Section 498A, 304B and 201 of IPC are made out against the respondents/accused. But that revision was also been dismissed by the revisional court giving rise to this petition.

(3.) It is contended by learned counsel for the petitioner that both the learned courts below have committed error in dismissing the complaint filed by the petitioner, as statements of four witnesses were recorded before the trial court under section 200 and 202 of Cr.P.C but the said statements have been disbelieved by the trial court arbitrarily without any sufficient reason. The counsel further argued that the deceased who was near about 20 years of age was murdered by her husband as well as by her in -laws in their house, in spite of that fact, the evidence produced by the petitioner was not properly considered by the trial court as well as by the revisional court. Hence, both the orders be set -aside and the trial court be directed to reconsider the evidence for taking cognizance of the offences.