DARSHAN SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This criminal revision is against the judgment dated 17.07.2004 passed by ld. Additional Chief Judicial Magistrate, Fatehgarh Sahib and 29.08.2006 passed by ld. Sessions Judge, Fatehgarh Sahib whereby the appellant-Darshan Singh has been convicted and sentenced as under:-

(2.) Complainant Charanjit Kaur was married with Darshan Singh on 14.12.1990 as per sikh rites. At the time of marriage, one gold set weighing five tolas, one pair of ear ring of gold weighing 1-1/2 tola, one pair of anklet of silver weighing one tola, one double bed, one ironbox, one godrej Almirah, one Television, one Refrigrator, one table fan, one Air coller, Sixteen beddings, eleven set sheets etc. fifteen silk suits were given as dowry articles by the parents of the complainant. Said articles were meant for use of the complainant and as such were her 'istri dhan'. Out of the said articles one double bed, one iron box and sixteen beddings were entrusted to Darshan Singh. Soon after marriage complainant realized that accused were greedy persons and started demanding scooter from the parents of the complainant and compelled the complainant to bring Rs.30,000/- and a scooter from her parents. Complainant brought Rs.30,000/- from her parents on different occasions and paid the said amount to accused Darshan Singh. Despite repeated demand by the accused, the demand of scooter could not be met by the parents, of the complainant. Accused Darshan Singh in a drunken condition used to beat, abuse and insult the complainant. On 05.01.1993 complainant was thrown out of the matrimonial home by the accused after insulting her and beating her. On 05.01.1996 complainant and her brother and Sarpanch of Gram Panchayat Village Navipur and Jarnail Singh approached the accused and requested them to allow the complainant to join the society of accused Darshan Singh, but all in vain. Complainant demanded back her dowry articles from the accused but they refused to return the dowry articles and in this background, the complaint was made. Darshan Singh was ordered to face trial on 08.02.1996 and thereafter charges were framed under Sections 406/498-A IPC on 13.09.1999 by the trial Court. As per the deposition given by complainant PW1, her brother PW2-Jarnail Singh and PW3 Shisham Singh both the courts below found that the appellant had thrown out the complainant on 05.01.1993 after maltreating her. All her dowry articles were retained by him. Since the marriage was solemnized in the year 1990 the contention of the dowry articles, all the gifts given to her and thrown her out of her matrimonial home, would amount to offence under Section 406/498 IPC.

(3.) Despite efforts been made to get the matter resolved, by the Panchayat on 05.1.1996 but the petitioner refused to take her back. It is a case where the allegations of cruelty and misappropriation of dowry articles were made only against the husband. The criminal revision is dismissed . However, the petitioner, at this stage, restricts his prayer to quantum of sentence.