MANJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The contour of the facts & material, which needs a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition, for pre-arrest bail and emanating from the record, is the marriage of complainant Ramandeep Kaur, daughter of Nachhatter Singh (for brevity 'the complainant'), was solemnized with petitioner Manjinder Singh s/o Chamkaur Singh, on 07.04.2008, as per Sikh rites and ceremonies at Star Palace, Rampura Phull, District Bathinda, as per wishes of the accused. Sufficient dowry articles and gold ornaments, including customary gifts, were stated to have been given by her parents at the time of marriage to petitioner and his other co-accused, as per their demand. The complainant claimed that one gold bracelet, weighing 18 grams, one gold chain, weighing 11 grams, one gold ring (chap), weighing 11 grams, one gold bangle, weighing 1 tola, one gold ring (chap), weighing 5 grams, one more gold ring (chap), weighing 1 gram, one gold ring (chap), weighing 5 grams, 5 rings (chaps), weighing 5 grams each, more gold rings (chaps), weighing 5 grams each, 2 gold sets, weighing 3 tolas for 2 bangles weighing 2 tolas and expensive clothes were given to the accused and their relatives. However, the petitioner (husband) and his mother were not satisfied and started taunting her for bringing less dowry, after one week of the marriage. She joined the company of her husband at Hyderabad, where he was working. There also, petitioner used to abuse, beat, taunt and threaten to kill her. He forcefully get a suicide note written from her after giving beatings, at the instance of his mother. After some time, he has started demanding the car, but she was unable to fulfill his illegal demand on account of paucity of funds with her parents. Then, he started beating and threatened her to get divorce. She tolerated his mis-behaviour with the hope that one day things may improve. She became pregnant and remained unwell, but the petitioner did not care for her, used to taunt, beat and locked in the room by saying that have you come from a wealthy family without any eatable food.

(2.) Sequelly, the case of the prosecution further proceeds that on 21.11.2008, the petitioner left her at her in-laws' house at village Nihal Singhwala, where her mother-in-law started taunting and tried to kill her twice. She switched on the gas stove and used to leave her in the kitchen and herself used to go out, so that she may catch fire and they could blame her for suicide. She narrated the entire tale of woe to her parents. They came to her matrimonial house to pacify the matter, but her mother-in-law abused and insulted them as well. Then, her father took her with him, as she was not safe in her matrimonial home. At that time, her mother-in-law took all the gold jewellary from her. On 13.06.2009, complainant gave birth to son Prabhunoor Singh and all the expenses of delivery and treatment were borne by her parents. Even the petitioner did not come to meet her at the time of birth of their son.

(3.) Leveling a variety of allegations and narrating the sequence of events in detail in the FIR, in all, according to the complainant that although the indicated dowry articles were given at the time of marriage, but petitioner-husband taunted, harassed, tortured and treated her with cruelty in connection with and on account of demand of dowry. The accused have refused to return and misappropriated the dowry articles of the complainant. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioner and his other co-accused, vide FIR No.20 dated 20.8.2012 (Annexure P1) on accusation of having committed the offences punishable under sections 498-A, 406, 109 & 506 read with section 34 IPC, by the police of Police Station Women Cell, Bathinda.