The prosecution must establish the consequences of cruelty as defined in section 498-A of the Indian Penal Code to apply the provision.

Judgment

1. The appellant/State preferred this appeal under section 378 (i) of the Code of Criminal Procedure being aggrieved by the judgment dated 29.5.2002 passed by Judicial Magistrate First Class Udaypura District Raisen in R.T. No. 240/2000 whereby the respondents have been acquitted of the charge of the offence punishable under section 498-A of Indian Penal Code.

2. Brief facts of the case are that the marriage of complainant Sunita Bai was solemnized with respondent No. 1 Rajesh Kumar, S/o Awadh Narayan Radhu in the year 1996 in village Niwadi Ghana, P.S. Udaypura, Raisen as per Hindu rites and religion. In the marriage, the parents of complainant had given sufficient dowry to her in-laws. In spite of that, the husband and in-laws of complainant were not satisfied with that much of dowry and started taunting complainant even during marriage ceremony. Thereafter, respondents made a demand of 1 lakh rupees from complainant’s parents for opening a shop, which was satisfied by them after selling their 5 acres of field. Even then they were not satisfied and tortured the complainant to bring a jeep from her paternal home. She told about their demand to her parents. When her father showed his incapability of fulfilling their demand for a jeep, the respondent No. 1 left the complainant to her paternal home one year prior to the incident in question. On 19.1.1999, the date of incident when complainant was all alone at her parental home, all the respondents came there and told ^^lkyh vius cki ls ngst es thi yk,xh rHkh gekjs ?kj es jgsxh and beat her by slaps and fists and left the spot. The complainant narrated the incident to her father on his return and went to Police Station Bareli, Distt. Raisen to lodge the report, on the basis of which a case under section 498-A of I.P.C. was registered against all the respondents.

3. The respondents abjured their guilt and pleaded complete innocence praying that they had been falsely implicated in the case.

4. The prosecution examined five witnesses and the defence examined one witness. After appreciating the evidence, the Trial Court did not find the respondents guilty under section 498-A of I.P.C. and acquitted them from the charge levelled against them. Being aggrieved by the impugned judgment of acquittal, the instant appeal has been preferred by the State of Madhya Pradesh, after taking leave from this Court on the grounds mentioned in the memo of appeal.

5. Shri Sameer Chile, Advocate appearing on behalf of the State submitted that the Trial Court did not appreciate the evidence in proper perspective. The prosecution amply proved that the respondents had badly tortured complainant Sunita Bai. Therefore, the finding of acquittal is erroneous and deserves to be set aside. He prayed that the respondents should be punished.

6. On the contrary. Shri Rajneesh Choubey, learned Counsel for the respondents submitted that the prosecution failed to prove the case beyond reasonable doubt against the respondents. The Court below rightly acquitted them from the aforesaid charge. Hence no interference is called for.

7. The main point for consideration by this Court is that whether the Court below committed any error in acquitting the respondents from the charge under section 498-A of I.P.C.?

8. The ingredients of section 498-A of the I.P.C. are as follows:--

“498-A. ‘Husband or relative of husband of a woman subjecting her to cruelty.-- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.-- For the purpose of this section, “cruelty” means--

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life., limb or health (whether mental or physical of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her o