STATE OF PUNJAB Vs. SHAM LAL

JUDGEMENT

(1.) OM Parkash real brother of Veena (now deceased) reported to the police in Police Station, Batala, around 11. 00 A. M. on March 4, 1984: "we are two brothers Kewal Krishan is younger to me and is bachelor. My father Short Lal is bed ridden for the last 6 years. I have six sisters. Out of them, 4 are married and two are unmarried. I am the only bread winner in my family. I sell vegetables on the Pheri and make both ends meet with great difficulty. About three years ago, one of my sisters, named Devi is married to Madan Lai son of Jagdish Lal, Mahajan, resident of Mohalla, Jogian, Batala. About 1 1/4 years back, our's son in law Madan Lal had suggested his uncle Sham Lal's son Gulshan as a match for my sister Veena. We made him clear that we had nothing to offer except our daughter in marriage. Smt. Kailasho w/o Sham Lal who is aunt of Madan Lal, said that they had everything in their house, we had no greed for anything and seek Veena's hand. On being agreed to this proposal, we married Veena to Gulshan son of Sham Lal, Mahajan resident of Jogian Mohalla, Batala, with Hindu Customary. We spent money in the marriage beyond our capacity. Sometime after the marriage, whenever they (Veena and her husband) used to visit her parents house, she complained her mother Veero Devi and Bharjahi, Kamlesh that her mother-in-law Kailasho was an outspoken lady and harrassed her on account of bringing insufficient dowry. She usually says that her (Veena's) parents have insulted them in the baradri. My husband Gulshan and father-in-law Sham Lal are also harassing her in the same manner. My mother, my wife and I used to send her back with the advice that it behaves good if the daughters reside in their in law's house and she should bear their taunting in order to keep the prestige of her parents and that she was well aware of her parent's condition When Veena came to our house in the month of last December along with her child Sapna aged 6 months, she wept bitterly saying,

(2.) ON being charged with the commission of offence under Section 306 of the Indian Penal Code all the three accused pleaded 'not guilty and claimed to be tried. Vide its impugned judgment dated November 15, 1984 learned trial Court acquitted all the three accused by giving them the benefit of doubt. Feeling aggrieved therefrom the State of Punjab has filed Criminal Appeal No. 177-DBA of 1985 in this Court.

(3.) WE have heard Shri S. K Sharma, D. A. G. Punjab for the appellant State, Shri R. S. Rai, Advocate, for the respondent and have carefully perused the relevant material on record.