(<s^ HIGHCOURT OFCHHATnSGARH: BILASPUR DMSJON BENCH: HON'BLE SHRI T.P.SHAroWAAND HON'BLE SHRI R.L.JHANWAR. JJ. PETmONER COMPLAINANT RESPONDENTS ACCUSED PROSECUTQR Criminal Revision No.306of200S Asrar Ahnaad, aged about 36 yeare, S/o Khalil Ahmad, R/o Purana Mines, Main Road Podi, Thana, Podi, Distt. Koriya. VERSUS 1. Mohd. Nasim Siddiquie, aged about 36 yrs., S/o Kamruddin. 2. State of ChhatUsgarh, through P.S. Pondi, Distt. Koriya. CRIMINAL REVISION UNDER SECTION 3S. 401 OF THECOIffi OF CRHWINAL PROCEDURE Appearance: Shri Parag Kotecha, counselforthe petffioner. Shri Vikram Dixit, counse! for respondent No.1. Shri D.K.Gwalre, G.A. for the Slate/respondent No.2 ORAL ORDER (Passedon 23.06.2011) Per TtP.Sharma. J. This revision has been filed against the juc^ment of acquittal dated 28.06.2003 passed in Sessions Case No. 40/2003 whereby the Additional Sessions Judge, Baikunthpur (Koriya) acquitted the present respondent along with other persons of the charge under Section 304B ofttie I.P.C. 2. We have heard Shri Parag Kotecha, teareed Gounsel for the petitioner, Shri Vikram Dixit, leamed counsel for respondent No.1 and Shri D.K.Gwalre, G.A.. for the State/respondent No.2 and perused the judgment impugned including record of the Court below. 3. Learned counsel for the pedtioner submits that the eviderKe ackhiced on behalf of the prosecutton especially the evidence of P.W.8 Qadirunnisa, mother of the deceased Shamim Bano and P.W.9 Asrar Ahmed, present petitioner and uncte of the deceased is sufflcient for drawing inference that the present respondent along with other co-accused persons have committed ffl:iril ^. ISB dowiy death of Shamim Bano. The aforesaid evidence is also sufficient for drawing inference that present respondent along with other co-accused have committed torture and cruelty in connecUon with the deniand of dowry soon before the death of deceased Shamim Bano but the Court betow has not considered the evidence of aforesaid witnesses and thereby commltted iltegal'rty while exercising Its jurisdlction vested in tt. 4. On the other hand, tearned counsel for the respondents opposed the petition and submHted that deceased Shamim Bano died in Iwr uncle's house where she was living for a considerabte time. She gave birth to cWld in her maternal house and when she rame to know that her in-laNvs are coming for taking her back to matrimonial house and also her parents wer® ready to send herwith them.then she committed suicide In her uncte's house shows that virtually parents have committed torture and crueUy upon her daughter. The Court below has rightly acquitted the respwident and ott»r co-accused persons. 5. As per case of proseeution, Shamim Bano (since deceased) was married to accused Pervez Mohammd, who is still absconding. Prwent respondent - Mohd. Nasim Siddique is brother in law i.e. Jeth of Ure deceased. As per material collected on behalf of prosecuUon, present respondent along with other persons have committed torture and crueKy in conneetion with demand of dowry. Thereafter, Smt. Stomim Bano (slnce deceased) left her matrimonial and was residing in her parental house where she gave birth to a child. They informed the in-laws of Smt. Shamim Bano (since deceased) at the time of birth of the child but in-laws of the deceased did not come to the parental house of the deceased. Smt. Shanaim Bano (since deceased) was residing in her parental house since April 2002 and on 01.7.2002 after birth of child for more than 2 months when she came to toiow that her in-laws are coming for taking her back to matrimontal house and also their parents were ready to send her with them, then she committed suicide. 6. After appreciating ttie evidence available on record, th®leamed Additionat Sessions Judge has acquttted the present respmdent of the charge under Section 304B of the I.P.C. by glving him benrft of ctoubt and otherco-accused persons. As per evidence of P.W.8 Qadirunnisa, m<^»erof the deceased Sbamim Bano and P.W.9 Asrar Ahmed, pres^nt petttioner and uncle of the deceased, present respondent along wtth other co-a used e:c t :B^ w'' u*-^^-:; )w. 111 flfi II lais 11 ffili 7' pereons have committed grave torture and cruelty upon the deceased, ^io was residing for more than 2 months in her parental house. Parents of Uie deceased informed the present respondent and other relativ^ of the deceased at ttie time of birth of child gwen by the deceased but ftey did not come. Thereafter, her in-laws informed the parents of the deceased that they will come for bringlng Smt. Shamim Bano with them. P.W.9 Asrar Ahmad informed the same to Smt. Shamim Bano and aSter hearing the information she was afraid of and refused to go back to matrimonial house. She subsequently told him that they will kill her but in^sad of su^orting her or giving other assurance, her uncte told her that hewitl talk to her in-laws and he wilt not in a pasition to give such huge amount. Thereafter, she committed suicide in the house of her uncle. 7. If the aforesaid evidence is <»nsidered in the light of aforesakl facts especiatty in the light of fact ttiat parents of the deceased were read and willing to send her daughter to her matrimonial house shows Uiat etther in- laws of the deceased have not commttted torture and cruelty or thdr evidence is improbable. We are of the considered opinion Uiat the leamed Court below did not any commit any error. 8. ConsequenUy, we do not find any scope to interfere <n the preswit revision, which fs liabte to be and is hereby dismissed. Sd/- T.P. Sharma Judge Judee