STATE OF HARYANA Vs. SHAM SUNDER AND OTHERS

JUDGEMENT

(1.) Appellant-State of Haryana has filed this appeal against respondents-Sham Sunder, Vinod Kumar and Parkashwati, impugning the judgment of acquittal dated 11.12.2001 passed by learned Judicial Magistrate Ist Class, Hisar, whereby the accused-respondents have been acquitted of the charge framed against them for the offence under Section 498-A of the Indian Penal Code (hereinafter referred to as 'IPC').

(2.) The brief facts of the prosecution case are that the FIR in the present case has been registered on the written complaint Ex.PA of complainant-Amita. It is alleged in the complaint that her marriage was performed with Vinod Kumar son of Sham Sunder on 13.6.1990 after spending about '1.5 Lacs and the dowry was also given. In-laws of the complainant were greedy persons and they demanded a VCP at the time of 'Doli' and caused obstruction in the performance of Doli' ceremony.

(3.) From the first day of her marriage, her in-laws started to make demands for more dowry like scooter, VCR and other valuable items. They demanded a sum of Rs. 50,000/- on the ground that said amount was spent by them on the education of their son. It is also stated that this demand was further followed by demand of Rs. 3 Lacs. The complainant was used to be abused and beaten by her in-laws. She was also given threat of divorce and she was also turned out of her matrimonial home. It is alleged in the complaint that father of the complainant had given them Rs. 10,000/- in cash and other valuable items from August 1990 to November 1990. To save the expenditure on her delivery, the complainant was sent to her parents' home after giving her beatings. Even after the birth of her son, nobody came to see her. During this period, her husband wrote a letter to her father containing obscene words and he was also served with a legal notice through an Advocate. After the intervention of Panchayat, father of the complainant spent a sum of Rs. 10,000/- on the "Namkaran" ceremony of her son in order to fulfill the demand of her in-laws. After that, the complainant and her child were given severe beatings and were not given anything to eat. They started to give threats of divorce all through the day.