JUDGEMENT
SYED AFTAB HUSAIN RIZVI, J. -
(1.)Heard learned counsel for the revisionist and learned A.G.A. for the State-respondent.
(2.)This criminal revision is directed against the judgment and order dtd. 7/8/2014 passed by Additional Sessions Judge, Court No.1, District Agra, in Criminal Appeal No.340 of 2013, arising out of judgment and order passed by Additional Chief Judicial Magistrate, Agra, Court No.4, in Complaint Case No.46 of 2010 (Mohammad Sadik Vs. Hasmuddin and others) dtd. 18/10/2013, under sec. 406 IPC, Police Station Shahganj, District Agra, acquitting opposite party nos. 2 and 3 from the charges under sec. 406 IPC. The appellate court has dismissed the appeal filed against the aforesaid judgment and order of acquittal.
(3.)In brief, the facts are that the complainant/revisionist Mohammad Saddik (wrongly mentioned as Mohammad Sadik in revision) filed a complaint before the concerned Magistrate, alleging therein that he performed marriage of his daughter Shabana with opposite party no.1 Hasmuddin on 8/11/2005. He has given ornaments, wearing apparels etc. at the time of marriage and spent Rs.3.00 lacs on it. Opposite parties also demanded a motorcycle. On 9/10/2005 complainant purchased one C.T.-100 motorcycle for Rs.32,300.00 in the name of opposite party no.1 on his saying that he will return it whenever asked by the complainant. Articles as mentioned in the list attached with the complaint, were given with condition that it will come in the use of the daughter of complainant and if opposite parties ill treat her, then they have to return all the things. It is further alleged that sometime after the marriage the opposite party no.1 and his family members, started making demand of Rs.1.00 lacs and on refusal they burnt to death the daughter of complainant by pouring kerosene on her. Complainant asked the opposite parties to return the motorcycle and other articles, but they refused. Complainant also sent two notices through registered post. Complainant also gave an application to the police, but neither any action was taken nor articles were returned. The learned Magistrate summoned the opposite parties under sec. 204 Cr.P.C. to face trial for charge under sec. 406 IPC. After framing charge and taking evidence the learned Magistrate vide its judgment and order dtd. 18/10/2013 held that opposite parties/accused Hasmuddin and Shamshuddin are not guilty for the charge under sec. 406 IPC and acquitted them. Aggrieved by the aforesaid judgment and order of acquittal the complainant/revisionist filed Criminal Appeal No.340 of 2013 (Mohammad Saddik Vs. State of U.P. and others), which was dismissed by the Additional Sessions Judge, Court No.1, District Agra on 7/8/2014.
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