APARNA SINHA Vs. UTTAM SINHA

JUDGEMENT

(1.) This application under section 401 read with section 482 of the Code of Criminal Procedure is filed challenging the impugned order and judgment dated 05.04.2008 passed by Id. Judicial Magistrate, 1st Court at Purulia for acquittal in connection with G.R. No, 555/2003 in respect of the opposite party Nos. 1 to 4 from the charge under section 498A/34 arising out of Puncha Police Station Case No. 31 of 2003.

(2.) The fact of the present application in brief is that the petitioner lodged the complaint before Puncha Police Station on 29.09.2003 against her husband Uttam Sinha, Basudev Sinha, Smt. Ami Sinha, Tapan Sinha, Baby Sarkar and Kalyani Sarkar who were the relatives of her husband Uttam Sinha. It is the case of the petitioner that after her marriage on 20.06.2002 with Uttam Sinha she came to her matrimonial house on 21.06.2002. But she was taunted by her in-laws regarding her black complexion and for non-payment of sufficient money as dowry and all the above opposite parties began to misbehave with her. On the 3rd weeding night i.e. on 22.06.2002 her husband entered into her room and assaulted her in presence of her brother mercilessly. She along with her brother was confined in the room, and ultimately the complainant was driven out from matrimonial house on 24.06.2002 at 3 p.m The complainant informed the matter to the local Panchayat and Village Salishi was held to settle her matrimonial dispute but failed. On the basis of the complaint to the police station, the police officer after completion of investigation submitted the chargesheet against the opposite party Nos. 1 to 4 under section 498A/34 of the Indian Penal Code read with sections 3 and 4 of Dowry Prohibition Act. The charge under section 498A of the IPC read with sections 3 and 4 of Dowry Prohibition Act was framed against the opposite party No. 1 to 4 and they pleaded not guilty.

(3.) In course of trial the prosecution examined altogether six witnesses i.e. Basudev Mukherjee - P.W. 1, Sati Pada Pramanik - P.W. 2, Kartick Sardar - P.W. 3, Siddheswar Mitra - P.W. 4, Smt. Aparna Sinha (Mitra) -P. W. 5 and A.B. Bannerjee - P.W. 6. Out of above six witnesses P.Ws. 1, 2 and 3 were the witnesses regarding the marriage of P.W. 5 and the accused Uttam Sinha, P.W. 4 was the father of P.W. 5, P.W. 5 was the de facto complainant i.e. the wife of the accused Uttam Sinha and P.W. 6 was the IO in connection with the case. At the very outset it is to be mentioned that Id. Judicial Magistrate, Purulia, after considering the evidence of all witnesses acquitted all the accused persons i.e. opposite parity Nos. 1 to 4.