RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The revisional jurisdiction of this Court under section 397/401 of the Code of Criminal Procedure (for short, hereafter referred to as "Cr.P.C.") has been sought to be invoked seeking interference with the judgment and order dated 12.10.1999 passed by the learned Additional District and Sessions Judge No.2, Hanumangarh in criminal appeal no.67/98 (90/96) acquitting the respondents no.2 to 5 of the charge under section 498A IPC by reversing the judgment and order rendered by the learned Judicial Magistrate, First Class, Tibbi in criminal case no.3/95.

(2.) I have heard Mr.S.S.Dhillon, learned counsel for the petitioner, Mr.J.P.S.Choudhary, learned Public Prosector, Rajasthan and Mr.M.K.Garg & Mr.R.S.Gill, learned counsel for the respondents no.2 to 5.

(3.) A written report was lodged by one Rajkumar with the Police Station Tibbi alleging that his sister Harpreet Kaur @ Nirmala, who had been given in marriage to respondent no.2 Raj Singh about 5 years back, had been subjected to dowry demands since after one and half months therefrom and had eventually been turned out of the matrimonial home following the assaults. It was elaborated that though at the time of marriage, the bride's family had given sufficient dowry by way of ornaments, wearing apparels and household articles, the respondents had been demanding motor cycle, cooler and cash amount of Rs.20,000/- and that on the failure to provide the same, Harpreet @ Nirmala was being humiliated and ill-treated. The written report disclosed that in view of the persistent demands, an amount of Rs.2000/- for the cooler had been paid for which though Harpreet Kaur @ Nirmala was taken back for a few days, she was again assaulted and externed from the nuptial house. That the informant as he tried to intervene, was also assaulted, was alleged.