STATE OF RAJASTHAN Vs. MUSHTAQ AHMED

JUDGEMENT

(1.) The instant revision petition has been filed on behalf of State of Rajasthan assailing the order dated 11.8.2011 passed by the learned Sessions Judge, Chittorgarh, whereby, the learned Sessions Judge, Chittorgarh has discharged the respondent from the offence under Section 304-B IPC and toned down the matter and sent the same to the learned CJM, Chittorgarh to try the case for the offence under Section 498- A IPC.

(2.) Learned Public Prosecutor submits that in this case, the deceased Laxmi contacted love marriage with the respondent Mushtaq Ahmed three years prior to her unnatural death. Since, the religions of both the parties were different, as such, the Society was against them. Learned Public Prosecutor submits that the deceased gave birth to a male child and just three months thereafter she committed suicide in the matrimonial home by consuming poison. Learned Public Prosecutor submits that there is a specific allegation of the complainant in his statement recorded under Section 161 Cr.P.C. that the deceased was continuously harassed and treated with cruelty by the accused respondent right from the date of her marriage. It is further stated that the parents of the deceased were helpless in providing protection to her because the Society was against them. Learned Public Prosecutor further submits that there is a specific allegation of the first informant in the statement recorded under Section 161 Cr.P.C. that he met the deceased on 14.3.2011 and on that day, the deceased told him that the respondent was frequently beating her after consuming liquor and that she was being forced to bring money from the first informant. She committed suicide on the very next day. Learned Public Prosecutor thus submits that there is ample evidence on the record to frame charge against the respondent for the offence under Section 304-B IPC and thus the learned trial court has committed a grave error in discharging the accused from the said offence.

(3.) Per contra, Shri Pradeep Shah learned counsel for the respondent submits that the deceased had entered into love marriage with the respondent and, therefore, there was no occasion for the respondent for having treated the deceased with cruelty in relation to demand of dowry. Learned counsel for the respondent thus prays that the order dated 11.8.2011 passed by the learned Sessions Judge, Chittorgarh discharging the respondent from the offence under Section 304-B IPC does not call for any interference by this Court.