KAMLESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 27.1.2004 passed by the learned Chief Judicial Magistrate, Sikar whereby accused-respondent Nos. 2 to 4 have been acquitted for the charge under Sections 498-A and 406 I.P.C.

(2.) The short facts of the case are that on 29.8.1996, the complainant- petitioner filed a criminal complaint (Ex.P-1) before the Court of Chief Judicial Magistrate, Sikar stating therein that she and her sister Hardevi got married with Sita Ram and Ganesh respectively on 20.5.1989. When then went to their matrimonial home, the respondents have started harassing them in connection with demand of dowry. Her Sister Hardevi had died due to harassment of the respondents. A charge-sheet has been filed for the offences under Sections 304B and 498-A Indian Penal Code, against the husband of Hardevi, Ganesh and he has been sentenced for 10 years' R.I. on 27.7.1997, the present petitioner visited the house of her-in-laws and the respondent abused her throwing her from matrimonial home and refused to return the Stridhan. Hence, she lodged a complaint which was sent for investigation under Sec. 156(3), Code Criminal Procedure After investigation, charge-sheet has been filed against the respondents for the offences under Sections 498-A and 406 I.P.C.

(3.) The charges have been framed against the respondent. Seven witnesses have been examined in support of the prosecution case. Statements of the accused persons were recorded under Sec. 313, Code Criminal Procedure After conclusion of the trial, the learned trial Court charged the accused-respondents vide impugned judgment. Hence this revision.