NIRMAL KAUR Vs. DEVENDER SINGH AND OTHERS

JUDGEMENT

(1.) Challenge in this criminal revision is to the judgment dated 05.7.2011, whereby the learned Sessions Judge, Panchkula, dismissed the appeal filed by Nirmal Kaur-petitioner, challenging the acquittal of respondents No.1 to 4, for the offences punishable under Sections 406, 498-A and 506 read with Section 34, IPC.

(2.) The brief facts of the case are that the marriage of the petitioner-complainant Nirmal Kaur was solemnized with respondent No.1-Devender, on 05.02.1993. Sufficient dowry like gold jewellery, clothes, furniture and utensils etc. worth Rs. 4,00,000/- were given at the time of marriage. The petitioner-complainant was not treated well by her husband and other in-laws i.e. Harnam Singh (father-in-law), Bakhshind Kaur (mother-in-law), Amarjit Kaur and Sukhwinder Kaur (sisters-in-law) and Dilbag Singh and Harwinder Singh (brothers-inlaw). She was being tortured to bring Rs. 3,00,000/- for a car and other luxurious articles, failing which she was intimidated to face the dire consequences. When the petitioner brought Rs. 15,000/-, then she was again joined in her matrimonial home because on an earlier occasion, she was turned out of her matrimonial house by the in-laws but later on she was severely beaten up and again turned out of her matrimonial home. She was medico-legally examined and the matter was reported to the police. Due to intervention of the Panchayat, the matter was compromised and the respondents-accused had promised to keep the petitioner-complainant properly. The said compromise was never honoured by the respondents-accused and once again the petitioner-complainant was thrown out of her matrimonial home. Resultantly, the present case was registered on 22.3.2009. Certain dowry articles were recovered, statements of different witnesses were recorded and after completion of the investigation, report under Section 173 Cr.P.C. was presented for prosecution of the respondents-accused.

(3.) During the pendency of the trial, Harnam Singh respondent died. Respondents-accused were charge-sheeted for the offences punishable under Sections 406, 498-A and 506, IPC, to which they pleaded not guilty and claimed trial.