STATE OF HARYANA Vs. BUDH SINGH

JUDGEMENT

(1.) RESPONDENT Jagjit Singh alongwith his father and mother namely Budh Singh and Smt. Savitri respectively were put to trial for offence under Sections 306 and 498-A Indian Penal Code, vide commitment order dated 7.5.1986 passed by Judicial Magistrate 1st Class, Mohinder Garh. The trial Court acquitted all the accused for the offence under Section 306 Indian Penal Code. However, acquitting the two other co-accused, the present respondent being husband of the deceased was found guilty and accordingly convicted by the trial Court for the offence under Section 498-A Indian Penal Code. After recording finding of guilty and conviction, he was ordered to undergo rigorous imprisonment for a period of one year and a fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for three months.

(2.) THE respondent has not filed appeal against his conviction under Section 498-A Indian Penal Code, as mentioned above. Presumably, he has not filed the appeal as the sentence awarded is one year's RI and he has remained in custody for a period of about 7 months 23 days during the trial. However, feeling aggrieved against the order of he trial Court dated 30.9.1986, the State has come in appeal in this Court against the order of acquittal of the charge for offence under Section 306 IPC.

(3.) DURING the trial, prosecution examined as many as 9 witnesses including Surat Singh (PW 2) and Anup Bai (PW 3) being father and mother respectively of deceased. Hari Singh (PW4), Guman Singh (PW5) and Bhanwar Singh (PW 6) were examined to lend corroboration to the statements of PWs 2 and 3 on the point of demand of dowry, maltreatment, harassment and tortuous treatment to the deceased by the accused.