SHEELA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) COMPLAINT case, in brief, is that complainant Sheela Devi was married with Bindeshwari Giri @ Raju on 19.2.1993 according to Hindu Customs and Rites.

(2.) Her second marriage was also performed. Several gifts were given but one Hero Honda motorcycle and colour TV was demanded from the very beginning and due to its non -fulfillment in -law 'sfamily members started torturing the complainant. Ultimately ousted from the matrimonial house. Three witnesses are examined. They are Hari Shankar Giri, father of the complainant, Ashok Kumar Giri, brother of the complainant and Om Prakash Bharti, a relative of the complainant. All the witnesses have corroborated the complainant 'scase as stated in the complaint petition. But complaint petition is dismissed on two grounds. First, there was delay of six months from the alleged date of occurrence and that also after filing of divorce case by the husband.

(3.) IT is pertinent to mention here that enquiry witness Nos. 1 and 2 have stated about pendency of divorce case filed on behalf of the husband. The offence under Section 498 -A of the Indian Penal Code arises upon recurring cause of action even desertion in certain cases can be taken as an act of torture. In this case torture for non -fulfillment of demand is asserted by all the three enquiry witnesses. Statement of the victim and her family members cannot be discarded on the ground that they are relations and interested witnesses that also at the stage of cognizance. Basic principles for cognizance appear ignored by the learned Magistrate.