2010 (3) TMI 1230

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....) 1. Having heard learned counsel for the complainant and having perused the impugned decision as also having perused the certified copies of the testimonies of the various witnesses, we find no case being made out to grant leave to appeal. 2. The husband and the parents-in-law of deceased Sarika were charged of the offence punishable under Section 498A/304-B IPC. 3. Acquitting the accuse....

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....he prosecution in the Court, for the first time, the parents of Sarika made allegation of dowry being demanded at the time of marriage. One dowry article demanded as per the parents of Sarika was a motor-cycle by the husband of Sarika. Learned trial Judge has noted that Sarika's husband already possessed a motor-cycle, and thus formed an opinion that said allegation was exaggeration. 4. The lea....

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....ximity between accused Leelawati and Jai Narain with victim Sarika to subject her to any cruelty or harassment. The accused persons have also produced defence evidence to show that at the marriage of daughter of accused Jai Narain he withdrew the amount of Rs. 4,50,000/- from his Provident Fund Account. The defence of the accused persons also show that accused Raj Kumar had a motorcycle which rule....

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....ment or the demand of dowry by the accused persons and defence of the accused persons also rules out this possibility. Savitri Devi's case (supra), Sangeeta Kalra's case (supra), Neera Singh's case (supra), Raman Kumar's case (supra) and Sohel  Mehaboob  Shaikh's  case (supra) are distinguishable on facts." 5. An independent witness PW-8 the landlord of accused Rajkumar, Sarika's....