LAWS(P&H)-2013-3-434

HITESH ADYA Vs. STATE OF PUNJAB

Decided On March 26, 2013
HITESH ADYA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The epitome of the facts and material, which needs a necessary mention for the limited purpose of deciding the instant petition for anticipatory bail and emanating from the record, is that marriage of complainant Dr.Sonal, daughter of Professor S.C.Sood (for brevity "the complainant") was solemnized with petitioner Dr.Hitesh Adya on 23.9.2007. Her parents performed the marriage with pump and show by spending Rs. 18 lacs and were stated to have given the dowry articles of approximately Rs. 3 lacs and car (mentioned in the attached list), besides diamond and gold jewellery mentioned therein in the FIR to the petitioner, his parents & relatives, with a clear understanding that they will hand over the same to the complainant as and when demanded. The accused were not satisfied with the dowry articles.

(2.) Sequelly, according to the complainant that unfortunately, after the expiry of 2-3 days of the marriage, the accused tortured, maltreated, cursed and abused her and her parents on account of insufficiency of dowry articles. Even the petitioner (husband) has expressed his displeasure with the dowry articles, marriage arrangement and proclaimed that he is MS (eye surgeon) and his worth is of two crores, which was not honoured by her parents. The complainant was perturbed and bewildered to bear all this. The petitioner was stated to have threatened and pressurized the complainant to compel her parents to transfer a commercial piece of land from the name of her mother in his (petitioner) name with a view to settle in medical profession and demanded a kothi from them. The petitioner used to snatch the daily earnings from the complainant. Raising variety of daily demands by the accused became a routine matter. She narrated her tale of woe to her parents.

(3.) Likewise, the case of complainant further proceeds that the excessive mental torture given to her by the accused during the pregnancy led to her pre-mature delivery on 9.10.2008. Even they hatred the new born female child. After birth of child, she returned to the matrimonial home. The accused hatched a criminal conspiracy and made several attempts to eliminate her and her female child by keeping the gas open several times and intentionally left her minor child naked in front of AC at full speed and feeding stale milk in un-boiled bottles, as a result of which, her child suffered from pneumonia and was treated in hospital.