SUNITA SHARMA Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed by Sunita Sharmacomplainant/aggrieved person, challenging the judgment, dated 17.9.2011, passed by the learned Additional Sessions Judge, Hoshiarpur, whereby the appeal filed by respondent Nos. 2 to 4, challenging their conviction for the offences punishable under Sections 323/34, 324/34 and 452, IPC, was partly allowed with modification of the order of sentence and they were ordered to be released on probation.

(2.) Brief facts of the case are that the appellant, Sunita Rani, lodged a report with the allegations that on 17.4.2002, her marriage was solemnized with respondent No. 3, Raman Kumar. Respondent Nos. 2 and 4, who are father in-law and brother inlaw of the appellant, along with her husband harassed her on account of demand of dowry, therefore, she was residing at her parental house at Banjar Bagh, Hoshiarpur. On 19.7.2004, at about 9.15 p.m., when she along with her brother, Rajesh Kumar, mother, Rameshwari, and sister, Monika, was present at her parental house, then her husband, Raman Kumar, bother in-law, Sandeep Kumar, and father in-law, Dharam Pal, along with two un-identified persons, came there. Dharam Pal exhorted that the case levelling the allegation of demand of dowry be withdrawn otherwise they would kill the appellant and other family members of her family. Raman Kumar caught hold her by hair and took out a knife from his pocket and gave blows on her forehead and left arm. When Rajesh Kumar (brother of the appellant) tried to interfere to save Sunita Sharma (appellant), then Raman Kumar (respondent No. 3) gave a knife blow to him also. Dharam Pal picked up a stick (Danda) lying there and started beating Sunita Sharma and her brother, Rajesh Kumar. On hearing hue and cry, several people collected at the spot and they rescued the appellant and other members of her family from the clutches of the respondents-accused.

(3.) On the basis of the above said statement, the case was registered and after investigation, the charge-sheet for the offences punishable under Sections 323, 324 and 452 read with Section 34, IPC, was presented.