Full Judgment
1 HIGH COURT OF JUDICATURE MADHYA PRADESH, JABAPLUR SB: HON. SHRI JUSTICE N.K.GUPTA. CRIMINAL APPEAL NO.2079 OF 199.State of Madhya Pradesh. Vs. Garibdas & others. --------------------------------------------------------------------------------------- Shri R.P.Tiwari, Public Prosecutor for the appellant/State. Shri I.K.Dwivedi, Advocate for the respondents. --------------------------------------------------------------------------------------- JUDGMENT
(Delivered on the 30th day of July, 2012) The State has preferred this appeal against the judgment dated 29.2.1996 passed by the Judicial Magistrate First Class (Shri S.K.Taram) Hoshangabad in Criminal Case No.116/1994 by which the respondents were acquitted from the charges of offence punishable under Section 498-A of IPC.
2. The prosecution case, in short, is that the complainant Tulsa Bai (PW-1) had lodged a typed FIR on 5.11.1993 that her marriage took place with the respondent Ashok on 5.5.1992. All the respondents were harassing the complainant for demand of dowry, and therefore she was thrown out when she was pregnant for five months. The respondents were demanding a sum of Rs.30,000/-, one Rajdoot motorcycle and one acre of land 2 in dowry. Since the complainant and her parents could not arrange for such dowry, therefore the respondent Ashok was ready to perform a second marriage. On the basis of that typed complaint, a case was registered before the Police Station Hoshangabad. After due investigation, a charge sheet was filed before the competent Court.
3. The respondents-accused abjured their guilt. They did not take any specific plea, but they have stated that they were falsely implicated in the matter.
4. The learned JMFC Hoshangabad after considering the prosecution evidence acquitted the respondents from the aforesaid charges.
5. I have heard the learned counsel for the parties.
6. Learned counsel for the State has submitted that, complainant Tulsa Bai being a wife was harassed by her husband and relatives of her husband, but the learned Court below has acquitted the respondents without any basis, and therefore the respondents may be convicted and sentenced in an appropriate manner.
7. On the other hand, learned counsel for the respondents has submitted that a false blame has been done by the complainant Tulsa Bai. Actually she remained 3 for 4-5 days in the beginning and thereafter she went to her parents' house. Again, she came back and totally she remained in the house of her husband only for a month after her marriage. Thereafter she was taken by her parents and she did not come back to the house of her husband. After keeping silence for so many months, a false FIR was lodged. Looking to the FIR, it would be apparent that it was prepared by some law knowing person with making a false allegation. Under such circumstances, in one month of her marriage, she could not be harassed in such a manner. It appears that she was a pregnant due to anyone else, and therefore she left the house of her husband within one month of her marriage. Under such circumstances, the trial Court has rightly acquitted the respondents.
8. After considering the submissions made by the learned counsel for the parties and evidence adduced by the prosecution, it is to be considered in the appeal that whether the instant State appeal can be allowed and if yes, then what would the sentence against the respondents.
9. If evidence given by Tulsa Bai (PW-1), Gulabdas (PW-2) father of the complainant, Anita (PW-3) sister of the complainant, Nand Kishore (PW-4) brother of the 4 complainant and Shriram (PW-5) is perused then it would be clear that the complainant remained in the house of the respondents only for one month in all in her two visits to their house. Some of the witnesses have stated that she was thrown out after one month. Gulabdas has stated that an information was given from the side of the respondents, and therefore the complainant was taken back to his house. On the contrary, Anita (PW-3) sister of the complainant has stated that Tulsa Bai was brought by her father in a routine manner and thereafter she did not visit the house of her husband. Anita is the sister of the complainant, who has no adverse interest with the complainant, and therefore her admission is binding to the prosecution. Under such circumstances, it would be apparent that the complainant was not thrown from the house of the respondents, but she was taken after one month of her marriage to her parents' house in a routine course and thereafter she did not came back.
10. What was the harassment done by the respondents in that one month is to be considered. Tulsa Bai has stated that at the time of marriage, there was a demand of dowry and thereafter the respondents assaulted her in the entire one month, whereas Gulabdas has admitted that there was no demand at the time of 5 marriage, on the contrary he has stated that when Tulsa Bai went to the house of the respondents for the first time, her ornaments were removed. Such allegation was not confirmed by any of the witnesses in the case. Anita and Nand Kishore could not say about any demand or harassment for that period of one month in which the victim remained in the house of the respondents, and therefore the story cooked about the harassment done by the respondents in one month of her marriage appears to be incorrect. The most important evidence is given by Rameti (PW-6) mother of the complainant, who turned hostile. She did not support the prosecution evidence in any manner. Rameti, mother of the complainant has no any conflict with the complainant, and therefore her evidence is binding upon the prosecution. Under such circumstances, it is clear that in one month of her marriage, there was no harassment from the side of the respondents to the complainant.
11. Gulabdas, Nand Kishore etc. have stated that after 2-3 months, Ashok came to the field of the witness Gulabdas and demanded for a sum of Rs.30,000/-, one acre of land and one big motorcycle. Gulabdas has fixed the period near the Dussehra and Diwali but he did not say that someone else came with Ashok. On the contrary, 6 Nand Kishore (PW-4) and Shriram (PW-5) have stated that Ashok and Jaynarayan came on a scooter for making a demand. If Jaynarayan accompanied the respondent Ashok, then there was no problem to the witness Gulabdas in telling his presence. It indicates that it is not the truth that Jaynarayan had also accompanied with Ashok at the time of demand. If the statement of witness Shriram is perused, then he has admitted in para 3 of his cross examination that the demand was made by Jaynarayan and not by Ashok. Ashok kept silence at that time. If only Ashok came to the spot for making the demand and according to the witness Shriram, Ashok kept silence, then who was the person who demanded the dowry from the parents of the complainant. Looking to the material contradictions between the evidence of Gulabdas, Nand Kishore and Shriram, it is apparent that there was no demand from the side of the respondents.
12. Tulsa Bai has admitted that a dead child girl was born to her on 5.2.1993 whereas the marriage of Tulsa Bai took place in third or four week of May, 1992, and therefore it is possible that Tulsa Bai was conceived by anyone else, and when she obtained indications of the pregnancy, she immediately left the house of the respondents, and thereafter she did not visit to the house 7 of the respondents. As discussed above there was no harassment to the complainant in first month of her marriage, then there was no reason as to why she did not visit back to the house of her husband. It is pertinent to note that according to Tulsa Bai, she was thrown out from the house of the respondents in June 1992 whereas she had lodged an written FIR on 5.11.1993 i.e. after 17 months. If she was harassed for dowry demand etc. then was was the problem to her so that she could not lodge an FIR for 17 months. Under such circumstances, it is clear that first of all the parents of the victim Tulsa Bai got rid of child which was in the womb of Tulsa Bai and thereafter since the evidence of the child was removed and thereafter they were in a position to settle with the respondents, then a typed FIR was lodged against the respondents. Hence the delay in lodging the FIR clearly indicates that contents of the FIR were not correct.
13. Under such circumstances, the learned JMFC has rightly acquitted the respondents from the charge of offence punishable under Section 498-A of IPC. There is no iota of evidence against the respondents that they harassed the complainant Tulsa Bai in any manner with any reason. It is not at all proved beyond reasonable doubt that they demanded dowry from Tulsa Bai or her 8 parents. Under such circumstances, no offence under section 498-A of IPC is made out against the respondents.
14. On the basis of aforesaid discussion, there is no basis to allow the appeal filed by the State. Consequently, the instant appeal is dismissed and the judgment dated 29.2.1996 of the trial Court is hereby maintained.
15. The respondents are not required to remain present before this Court any more, therefore it is directed that their bail bonds shall stand discharged.
16. A copy of this judgment be sent to the trial Court with its record for information and compliance. (N.K.Gupta) Judge 30/7/2012 Ansari.