High Court dismissed SPM challenging the revisional order upholding dismissal of protest petition under S. 498-A IPC. The Court held petition lacked substance as courts found no evidence of dowry demand and testimony was lost due to mental instability.
Petition dismissed as it lacks substance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 1192/2012
Vasudev, s/o Lokumal Sindhi r/o Anand Nagar, Khairtal Tehsil Kishangarhbas Police Station Khairtal, District Alwar
----Petitioner
Versus
3.Bhagwan Dass s/o Benshimal
All by caste Sindi r/o Mothuka Police Station Kishangarh-bass District Alwar
----Respondent
For Petitioner(s) : Mr. Sourbh Pratap For Respondent(s) : Mr. Ram Ratan, PP Mr. Manu Agarwal
HON'BLE MR. JUSTICE G R MOOLCHANDANI
Order
07/08/2018
By way of instant petition, challenge has been made against the order passed by Additional District & Sessions Judge No. 1 Kishangarhbass, Alwar dt. 22.04.2011 whereby learned Revisional Court has upheld the order passed by Judicial Magistrate, Kishangarhbass.
Briefly stated that after submission of final report, a protest petition was lodged but the complainant did not adduce any evidence in support of the protest petition, so the trial court while adjudicating the issue, dismissed protest petition on 04.05.2009. Learned trial court has meticulously dealt with the material and has observed:-
Ik=koyh esa laYkXu ifjokfn;k eksfguh nsoh dks 'kiFk i= ds vuqlkj fnukad 07-032008 dks ?kjsyw fookn gksus ds dkj.k mldh o nsoj 'kadj dh dgklquh gks xbZ Fkh
[CRLMP-1192/2012]
(2 of 2)
o mlls llqjky okyksa us dksbZ ngst ugha ekaxkA vc lekt okyksa us mudk jkthukek djok fn;k gSA og dksbZ dk;Zokgh ugh pkgrh gSA
/kkjk 4+98-A I.P.C lsa lacaf/kr gSA ftlesa egRoiw.kZ xokg Lo;a eksfguh nsoh gh gks ldrh Fkh ftldh eR;q gks pqdh gS o ifjoknh oklnsoh bl ekeys esa Hearsay Evidence gS vkSj tc ekeys esa vuqla/kku vf/kdkjh ds erdk eksfguh nsoh ds 'kiFk&i= o frrEck c;ku ds vk/kkj ij >wB ekuk gS rks Hearsay Evidence dh lk{; bl ekeysa esa fo’oluh; Hkh ugha ekuh tk ldrh gSA
and learned revisional court while upholding the order, has also discussed the evidence and material available on the record. It has also been observed that on 11.03.2008 injured/deceased Mohini Devi filed an affidavit reciting therein that because of mental inequilibrium, she got FIR No. 74/2008 registered and was not subjected to demand to dowry. Learned revisional court has also observed that complainant/petitioner, despite opportunity has failed to adduce evidence in support of the protest petition and testimony of none of the witnesses has been produced.
In view of the above, there appears no infirmity in the concurrent finding of both the courts below, petition lacks substance.
Dismissed.
( G R MOOLCHANDANI),J
Ashu/84
2 issues framed by the court
Whether the High Court should interfere with the concurrent findings of the trial and revisional courts dismissing the petitioner's protest petition due to lack of evidence regarding dowry demand.
If the refusal to record the deceased witness under Section 161 CrPC was unreasonable in view of her mental inequilibrium and the adequacy of evidence already on record.
Vasudev, s/o Lokumal Sindhi
State Of Rajasthan
Pooran Chand s/o Bhagwan Dass
Bhagwan Dass s/o Benshimal
Haridevi w/o Bhagwan Dass
Shankar Lal s/o Bhagwan Dass
G R MOOLCHANDANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
