SANJAY LATA @ SANJU Vs. AMRIT GAUTAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 2.9.2006, rendered by the Court of Addl. Sessions Judge (I), Bhiwani, vide which it acquitted the accused/respondent Nos. 1 to 6, in a criminal complaint under Sections 302, 498-A, 406 and 120-B IPC, P.S. City Bhiwani.

(2.) THE facts of the case, as summarized, proceeded in the manner that Sanjay Lata was married to Amrit Gautam, accused, on 27.4.1996. She had studied upto M.A. B.Ed. level. Her parents had spent a sum of Rs. 3 lacs on her marriage. The accused (now respondents) and their relatives were not satisfied with the dowry brought by the complainant. She was taunted time and again, in connection with the demand of fridge, scooter, and a sum of Rs. 5000/- in cash, besides gold necklace and saries etc. When she expressed her inability to fulfill the demands, she was assaulted. She was even starved and illegally confined in a room, during summer season. Not only this, she was even bolted inside a bath-room, in December, 1996. On yet another occasion, she was deprived of use of a quilt, with a view to accelerate her death, by exposure to cold. The father of the complainant, in the month of February, 1997, gave a scooter, Rs. 5000/- in cash, saries and suits to the accused. After the receipt of these articles, the accused remained inactive for sometime, but shortly thereafter, started abusing her again, in connection with the demand of dowry. On 4.9.1997, at the time of her first delivery, she was got admitted in Ganpat Rai Matri Seva Sadan Hospital, Bhiwani, where she gave birth to a male child on 5.9.1997. Despite the fact that the child weighed only 2.6 grams, and she was also weak, the accused forcibly got her discharged, from the said hospital on 7.9.1997. They did not permit her parents to see the new born child, either in the hospital, or at her matrimonial home. It was further stated that, on the said date Shyam Lal, accused, uncle of Amrit Gautam, accused, brought some liquid in a spoon and administered the same, to the new born child, by taking up in his lap. Thereafter, the child remained motionless. Shortly, thereafter, when she attempted to breast feed the child, she discovered that he had expired. It was further stated by the complainant, that upon raising cries of alarm, she was threatened by the accused, not to raise an issue. It was further stated that, despite the complainant having decided to go for the postmortem examination of the child, all the accused buried the dead-body, and did not inform her parents of this development. It was further stated that a few days later, Sushma, accused, sister of Amrit Gautam, and her husband, had deliberately left the gas open, and asked the complainant to prepare tea for her. When the complainant entered the kitchen, she noticed obnoxious smell, emanating from the same. When she attempted to come out of the kitchen, the accused tried to bolt her inside the same, but she was able to come out of the same. Thus, she succeeded in avoiding being burnt alive, as planned by the accused. It was further stated that subsequent thereto, she again became pregnant. At that time, she was very weak. Taking advantage of such situation, the accused obtained her signatures on documents for seeking divorce. When she refused to append her signatures, on those documents, she was again assaulted, and, ultimately, turned out of her matrimonial home. It was further stated that since then, she had been residing with her parents, in whose house, she had given birth to her second child, who is a girl. It was further stated that the complainant was employed as Physical Training Instructor, in S.D.High School, Bhiwani, and was a Judo Coach, in Halwasia Vidya Vihar, but she had to leave her employment, at the instance of the accused. She was, thus, rendered penniless. It was further stated that when she complained against the atrocities, having been committed by the accused, to the Police, no action was taken. Left with no alternative, a criminal complaint, Ex.PB, was filed on 21.4.1999.

(3.) ON their appearance, in the Court of the Committing Magistrate, the accused were supplied the copies of documents, relied upon by the complainant. After the case was received by commitment, charge for the offences, punishable under Sections 302, 120-B, 498-A and 406 IPC, was framed against the accused, to which they pleaded not guilty and claimed trial.