STATE Vs. BHARAT SINGH

JUDGEMENT

(1.) The present appeal challenges the judgment dtd. 9/12/1990 passed by learned Additional Sessions Judge, in Sessions Case no. 720/1996, arising out of FIR No. 203/1989, under Ss. 306/498A of the IPC, registered at P.S. Mangolpuri.

(2.) The present FIR was registered on the statement of Vijay Singh recorded before the SDM, Punjabi Bagh, Ex.PW-5/A, wherein it was alleged that he had married his daughter, Anandi Devi, with the present respondent on 13/4/1989. It was alleged that his daughter had come from her matrimonial home after one week and during that period she told his wife Smt. Rajeshwari Devi/PW-1 that her husband i.e., the respondent used to say to her "JAB TERE HATHON KI MEHANDI UTAR JAYEGI TO MAIN TERI PITAI KARUNGA" and said that he had affairs with 3 to 4 girls and he also tried to strangulate her in her matrimonial house. On receiving the information from the respondent's neighbourhood about her daughter being ill, he reached the Mangolpuri residence and found her daughter dead and the body was found on the bed.

(3.) On the aforesaid statement, case under Sec. 304B of the IPC, was registered against the respondent. After completion of investigation, chargesheet in the present case was filed before the learned Trial Court. The learned Trial Court framed charges under Ss. 498A/306 of the IPC and after the conclusion of the prosecution evidence, the present respondent was acquitted.