ANTAR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The instant petition has been filed by the petitioner against the judgment dated 7.1.2012 passed by the learned Additional Sessions Judge, Moga, vide which the appeal of the petitioner against the judgment of conviction and order of sentence dated 21.11.2009, passed by the learned Judicial Magistrate Ist Class, Moga, was dismissed, upholding the conviction and sentence of the petitioner.

(2.) The complainant-respondent No. 2 Karamjeet Kaur set the criminal law into motion by filing complainant No.79 dated 22.5.2002 under Sections 406 and 498A of Indian Penal Code (for short 'IPC) against the present petitioner, his parents and brother. It was alleged that all the accused persons had attended the marriage between the petitioner and the complainant, which was held on 8.4.1992. The dowry articles were given to all the accused persons, details whereof were given in para 4 of the complaint. The specific items of dowry were entrusted to particular accused in view of the details given in para 5 to para 8 of the complaint. None of the said items were gifted to the accused. All these articles were meant to be used by the complainant at her matrimonial home. Immediately after her marriage with the petitioner, the accused started demanding motorcycle and more dowry articles. The complainant could not meet the illegal demands of the accused. The complainant demanded her articles for her use but it was denied by the accused persons. Accused No.1- Antar Singh (petitioner herein), used to give severe beatings to the complainant without any reason, as alleged by the complainant. Accused Nos. 2, 3 and 4 used to insult the complainant on account of dowry articles. The accused made the life of the complainant miserable and she was completly isolated from the family. Accused No.1/petitioner filed the divorce petition against the complainant as well as petition for restitution of conjugal rights. But both these petitions were dismissed. It also shows that unwarranted harassment was being caused to the complainant. The complainant was forced to leave the matrimonial home. Thus, levelling the allegations against all the four accused for commission of offences under Sections 406 and 498-A IPC, the above-noted criminal complaint was filed by the complainant against the petitioner, his parents and brother.

(3.) The complainant led her preliminary evidence and based on that, the accused were summoned to face trial vide order dated 10.4.2003.