DHARAMBIR & ANR. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The compendium of the facts, which requires to be noticed for the limited purpose of deciding the sole controversy, involved in the instant revision petition and oozing out, from the record, is that the marriage of complainant Suresh Devi, daughter of Ram Pal, was solemnized with Mahabir Singh, son of Pritam Singh on 23.2.2006, according to Hindu rites and ceremonies. Her parents were stated to have given the sufficient dowry articles according to their status at the time of marriage, but the accused were not satisfied. They started harassing and treating her with cruelty and did not stop to raise the demands, despite convening of the panchayat. Accused also threatened her with dire consequences.

(2.) The case of the prosecution, in brief in so far as relevant, was that on 6.9.2003 at about 11 PM, when the complainant was sleeping in a Chaubara, then, her mother-in-law Parmeshwari, brother-in-law Dharamvir (Jeth) and Paramjit (Jethani) entered the room. She woke up. Thereafter, they overpowered her and her husband poured some poisonous substance in her mouth in a glass and she became unconscious. In the background of these allegations and in the wake of statement of the complainant, a criminal case was registered against all the accused, vide FIR No.97 dated 10.9.2003 (Annexure P1) for the commission of offences punishable under Sections 406, 498-A, 328 and 506 Penal Code by the police Station Dhand, District Kaithal.

(3.) During the course of investigation, the police did not challan petitioner Dharamvir (Jeth) and Paramjit (Jethani) and submitted the challan/final police report, in terms of Sec. 173 Cr.PC against the remaining accused, they were accordingly charge sheeted by the trial Court and case was slated for evidence of the prosecution.