LAWS(SC)-2004-1-91

REEMA AGGARWAL Vs. ANUPAM

Decided On January 08, 2004
REEMA AGGARWAL Appellant
V/S
ANUPAM Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Parties to a marriage tying nuptial knot are supposed to bring about the union of souls. It creates a new relationship of love, affection, care and concern between the husband and wife. According to Hindu Vedic philosophy it is sanskar - a sacrament; one of the sixteen important sacraments essential to be taken during ones lifetime. There may be physical union as a result of marriage for procreation to perpetuate the lineal progeny for ensuring spiritual salvation and performance of religious rites, but what is essentially contemplated is union of two souls. Marriage is considered to be a junction of three important duties i.e. social, religious and spiritual. A question of intricate complexity arises in this appeal where factual scenario has very little role to play.

(3.) Filtering out unnecessary details, the factual position is as follows : On 13-7-1998 information was received from Tagore Hospital, Jalandhar that Reema Aggarwal the appellant had been admitted on having consumed poisonous substance. On reaching hospital, ASI Charanjit Singh obtained opinion of the doctor regarding her fitness to make a statement. Appellant stated before Investigating Officer that she was married to Anupam the respondent No. 1 on 25-1-1998 and after the marriage, she was harassed by her husband-respondent No. 1, mother-in-law, father-in-law and brother-in-law (respondents 2, 3 and 4) respectively for not bringing sufficient and more dowry. It was also disclosed that it was the second marriage of both the appellant and respondent No. 1. On the date of incident at about 5.00 p.m. all the four accused persons forced her to take something to put an end her life and forcibly put some acidic substance in her mouth. She started vomiting and was taken to the hospital in an unconscious state. The first information report was registered accordingly and on completion of investigation the charge-sheet was placed and charges were framed for offences punishable under Sections 307 and 498-A of the Indian Penal Code, 1860 (for short the IPC). Accused persons pleaded innocence. Seven witnesses were examined to further the prosecution version.