SAVITRI Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed against the order dated 28.1.2009 passed by learned Addl. District & Sessions Judge No.3, Jaipur city, Jaipur in Cr. Appeal no. 144/2007 whereby the respondents have been acquitted from the offence under Sec.498A IPC arising out of judgment dated 14.8.2007 passed by learned Judl. Magistrate No.9, Jaipur city, Jaipur in Cr. Case no. 24/2000 whereby the trial court has convicted and sentenced the respondent no.2 under Sec.498A IPC for two years SI whereas respondent no.3 was released by giving benefit of probation on certain conditions.

(2.) Briefly stated facts of the case are that an FIR No.07/2000 was registered at Women Police Station-II, Jaipur city in which it was stated that complainant solemnized the marriage of her daughter Savitri with Nand Kishore. In the marriage, she gave sufficient amount of dowry, but after sometime, in-laws started mental torture to her and demanding dowry. It was also stated that in-laws gave threatening that if dowry is not given, they will leave her and get second marriage. After registration of the above said report, police started investigation and arrested the respondents. After completion of investigation, police filed charge-sheet against respondents before the concerned Magistrate. The trial court took cognizance against them for offence under Sec.498A and 406 IPC and framed charges, to which the respondents denied and claimed to be tried. During the course of trial, as many as 09 prosecution witnesses were examined and certain documents were exhibited. Statement of respondents were recorded under Sec.313 Cr.P.C. After hearing all the parties, the learned trial court vide order dated 14.8.2007 held guilty respondent nos.2 & 3 for offence under Sec.498A IPC and sentenced respondent no.2 for two years SI whereas respondent no.3 was released by giving benefit of probation on certain conditions. Relevant portion of the judgment of trial court reads as under:

(3.) Being aggrieved by the said order of trial court dated 14.8.2007, the respondent nos.2 & 3 preferred an appeal before the District & Sessions Judge, Jaipur, from where it was transferred to the court of Addl. Distt & Sessions Judge No.3, Jaipur city, Jaipur who after hearing both the parties, vide order dated 28.1.2009 acquitted the respondents from the offence under Sec.498A IPC. Relevant portion of the judgment of appellate court dated 28.1.2009 reads as under: 1640531-2