STATE OF MADHYA PRADESH, THROUGH DISTRICT MAGISTRATE AND POLICE STATION DEHAT VIDISHA Vs. BASANT KUMAR S/O LATE JAGDISH PRASAD SAXENA

JUDGEMENT

(1.) Appellant/State has preferred this appeal against the impugned order of acquittal dated 3. 3. 2006 passed by the First Additional Sessions Judge Vidisha in Criminal Appeal No. 126 of 2005, whereby the learned ASJ has set-aside the judgment of conviction and order of sentence dated 16. 4. 2005 passed by the learned J. M. F. C Vidisha in Criminal Case No. 289 of 2004 and acquitted the respondents of the charge under Section 498-A read with 34 of the I. P. C. It be noted that the learned JMFC had convicted the respondents under Section 498-A r. w 34 IPC and sentenced thereunder each of the respondents to suffer Simple Imprisonment (for short "the SI") for a period of six months and to pay fine of Rs. 300/- (three hundred) and in default of payment of fine to serve additional SI for a period of fifteen days.

(2.) Briefly stated, the prosecution case is that on 15. 1. 2000 complainant Anjana (PW3) made an oral FIR to ASI Ramvishal Singh (PW7) at Police Station Dehat Vidisha stating that she got married to respondent Basant on 16. 1996. Respondents namely Leeladevi and Naresh are her mother-in law and Dewar respectively. Some time after the marriage, they used to harass and torture her mentally and physically to bring Rs. 50,000/- (fifty thousand) in cash and one motorcycle in dowry. On 14. 9. 1997, they committed marpeet with her and thereafter they summoned her father Jagdish Prasad (PW1) to her matrimonial home at Narsinghgarh by making a telephone call. Thereupon, her father came to her matrimonial home on the same date. In the presence of her father, they committed marpeet with her in connection with demand of dowry. Her father told them that her financial position is not such that he could meet their demand of dowry, and he entreated them not to commit marpeet with her. But they insisted upon him to fulfill their demand of dowry. Thereupon, her father brought her with him to her parental house at Vidisha. On 24. 10. 1999, respondents namely Basant and Leeladevi came to her parental house at Vidisha. They asked her in the presence of her brother Vivek (PW2) and his friend Umesh (PW4) whether the arrangements of Rs. 50,000/- in cash and one motorcycle have been made as per their demand?. Thereupon, she replied to them in negative. At this, respondent Leeladevi told her that they would remarry respondent Basant. So saying, they left her parental house. After the said episode, her father made efforts for settlement of the dowry dispute with the respondents but in vain. ASI Ramvishal Singh reduced the oral FIR made by the complainant Anjana into writing being Ex. P/2 and he registered a case against the respondents at Crime No. 6 of 2000 under Section 498-A IPC.

(3.) Asi Kunwar Rajendra Singh (PW6) investigated the case. He recorded the case diary statements of prosecution witnesses and arrested all the respondents.