LAWS(P&H)-2012-10-536

GEETA DEVI Vs. STATE OF HARYANA AND OTHERS

Decided On October 12, 2012
GEETA DEVI Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Geeta Devi, the petitioner has brought this petition under the provisions of section 401 of the Code of Criminal Procedure challenging the judgment dated 04.12.2008 passed by learned Additional Sessions Judge, Rewari, vide which Prithvi Raj and Sharda Devi, respondents no.2 and 3 have been acquitted of the charge in a case registered by way of FIR No. 93 dated 01.07.2006 at Police Station Kosli, for an offence punishable under sections 307, 498-A and 120-B read with section 34 IPC.

(2.) Briefly stated, the facts of the case are that Geeta Devi was married with Prithvi Raj, respondent no.2 on 20.05.2005. Demand of dowry was made upon her by respondents no.2, 3 and others, total nine in number and they started making attempt to kill her. They also compelled her to bring a sum of Rs.1,25,000/- failing which it was decided that she be thrown in J.L.N. Canal. On 26.06.2006 at about 7.00 pm. when they were moving on a motorcycle by the side of J.L.N. Canal, Prithvi Raj stopped the motorcycle and asked Geeta Devi to untie suitcase from the carrier of the motorcycle and to have it in between him and her. Geeta told him that she would face the difficulty in travelling with the suitcase in between them. Prithvi Raj told her that he felt unbalanced due to the suitcase on the carrier. After a short while, Prithvi Raj had thrown his motorcycle in the J.L.N. canal and as he knew swimming, he came out and left Geeta Devi to drown. She cried for help and Jagdish, Ramanand and Krishan Singh came there, who helped her come out with the help of a wooden plank. Report was lodged with the police station where the case was registered. After due investigation, the police had sent Prithvi Raj and Sharda Devi to stand trial.

(3.) Charges had been framed against the two for an offence punishable under sections 307, 498-A and 120-B IPC vide order dated 06.12.2006. After the due trial, learned Additional Sessions Judge, Rewari acquitted the accused of the charges vide the impugned judgment.