KUNTI GUPTA Vs. SUNIL KUMAR GUPTA

JUDGEMENT

(1.) THIS complaint appeal is directed against the judgment of acquittal dated 3rd February, 1997 passed by Sri C. Tanti, Judicial Magistrate, Dhanbad in G.R. Case No. 3184 of, 1991, acquitting the respondent nos. 1 to 4.

(2.) IT is submitted by the learned counsel for the appellant that the appellant's father, Sachida Nand Gupta lodged an F.I.R. with Dhanbad Police Station stating therein that his daughter, Kunti Gupta was married with accused, Sunil Kumar Gupta, son of Chandrakant Gupta as per Hindu Rites on 7.3.1987 and she has got three years old daughter from the marriage. He further stated that his daughter had sent a letter that she was being tortured for dowry by her in -laws and called her to take back from her in -laws' house. Whereupon, the informant reached to her in - laws' house on 23.10.1991 and wanted to meet his daughter, but he was not permitted to meet his daughter by in -laws of his daughter. So he went to his relative's house. Then, again he went to the house of her daughter on 24.10.1991 with his relatives to take her. At that time he allowed him to take her daughter and the informant brought his daughter to the house of Rajendra Gupta his relative. On the next day he was leaving for his house alongwith his daughter. Then, the accused, Sunil Kumar Gupta and his brother Santosh Kumar Gupta came there and wanted to take her daughter forcibly, but the informant lastly brought her to his house.

(3.) ON the other hand, learned counsel for the State has opposed the prayer and submitted that the evidence adduced by the informant and his daughter, Kunti Gupta failed to prove the fact that any torture was made by the appellants in her sasural and she has voluntarily left her inlaws house, hence the trial court has rightly acquitted the accused persons.