THE STATE OF MADHYA PRADESH Vs. BHIKULAL

JUDGEMENT

(1.) This application under Section 378 of Cr.P.C. has been filed for grant of leave to appeal against the judgment dated 29-6-2006 passed by 2nd A.S.J., Balaghat in Criminal Appeal No.58/2006 by which the judgment and sentence dated 19-6-2006 passed by the C.J.M., Balaghat in Criminal Case No.1302/2003 was set aside and the respondent has been acquitted of the charge under Section 498-A of I.P.C.

(2.) This Court by order dated 7-9-2017 had directed the office to requisition the record of the Trial Court, however, it was informed that the record of the Courts below had been eliminated as per the Rules. It is further submitted by the Counsel for the State that he is not in possession of any document except the copy of the judgment of the Appellate Court, therefore, reconstruction of the file is also not possible. Therefore, this application is being decided on the basis of the reasons assigned by the Court below.

(3.) It appears from the copy of the judgment placed on record that as per Hindu Rites and Rituals, the respondent was married to the complainant Vanti Kala Bai in the year 1997. Twin children were born out of the wedlock. When the complainant was pregnant for the second time, at that time, it is alleged that the respondent had demanded Rs.40,000, so that he can give dowry to his sister. When the complainant refused to fulfill his demand, then he started harassing and beating the complainant. When the parents of the complainant came to know about her harassment, then they went to her matrimonial house, but were not allowed to meet her. Thereafter, an application before the Court of S.D.M., Balaghat was filed and the complainant was summoned. On the report of the complainant, the police registered the offence under Section 498-A of I.P.C. and after completing the investigation, filed the charge sheet against the respondent.