SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present Criminal Revision Petition has been filed to challenge the judgment dated 06.09.2012 passed by learned Additional Sessions Judge, Jalandhar, whereby the appeal filed by the petitioner challenging the judgment of conviction and sentence dated 17.08.2011 passed by learned Additional Chief Judicial Magistrate, Jalandhar, was dismissed.

(2.) BRIEF facts of the case are that marriage of Rajwinder Kaur was solemnized with the petitioner about 1-1/2 years ago prior to the lodging of FIR No. 575, dated 31.12.2005, under Sections 406 and 498-A of the Indian Penal Code, at Police Station Sadar, Jalandhar. The FIR was lodged by Surjit Kaur mother of Rajwinder Kaur with the allegations that her daughter had remained in her matrimonial home for about a year and, thereafter, Sarwan Singh, his four sisters, mother and sister-in-law had turned out Rajwinder Kaur from her matrimonial home after giving beatings. At that time, they had asked Rajwinder Kaur to bring one motor-cycle and Rs. 4,00,000.00 in cash. Senior Police Officer conducted a preliminary inquiry and finding that the petitioner had raised the demand from the complainant side, the matter was reported to the police. However, a compromise was effected. The petitioner did not honour the said compromise, therefore, the case in hand was registered. After completing the formalities, the charge sheet (report under Section 173 of the Code of Criminal Procedure) was submitted before the learned Area Judicial Magistrate.

(3.) IN order to substantiate its case, the prosecution examined PW-1 Smt. Rajwinder Kaur, PW-2 Surjit Kaur complainant; PW3-Gian Singh and PW4 ASI Balwinder Singh, Investigating Officer. Thereafter prosecution evidence was closed by order as it failed to conclude its evidence despite availing of sufficient opportunities including the last opportunity.