DEEPAK SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The matrix of the facts & material, which needs a necessary mention for the limited purpose of deciding the instant petition for the grant of anticipatory bail and emanating from the record is that, the marriage of Jaspreet Kaur daughter of complainant Pritam Singh son of Labh Singh, was solemnized with petitioner-accused Deepak Sharma son of Kamal Kumar Sharma, on 26.01.2008 according to Sikh Customary Rights, at Leo Fort Hotel, Jalandhar. One golden karra weighing 4 tolas, one gold ring weighing one tola, one gold chain weighing 3 tolas and Rs.4 lacs in cash were stated to have been given to the petitioner-husband Deepak Sharma at the time of Shagun Ceremony. Similarly, various gifts were also given to his parents and other relatives. According to the complainant, four golden sets and bangles/karras total weighing 30 tolas were also given to the petitioner and his relatives at the time of marriage besides other costly clothes, cash of Rs.4 lacs and other valuable goods as Istridhan, by the complainant in the presence of relatives.

(2.) The prosecution claimed that, although more than sufficient indicated golden ornaments, dowry articles and cash were given to the accused at the time of marriage, but still the petitioner demanded cash for the purchase of 'Safari' car. Consequently, the complainant paid Rs.9 lacs in cash by taking loan from the friend. Soon after solemnization of the marriage, the behaviour of the petitioner and his parents remained cruel towards Jaspreet Kaur. They started harassing her on one pretext or the other and demanded more dowry. She narrated the entire tale of woe to her parents. She gave birth to a female child on 02.09.2009 but the accused were sadly disappointed on her birth. An amount of Rs.3 lacs, gold ornaments and other gifts were claimed to have been given at the time of birth of the female child. Thereafter, the behaviour of the accused became more cruel. It was alleged that the petitioner gave severe beatings several times to his wife Jaspreet Kaur. The accused started demanding cash from her by selling 1/3rd share in the property to be inherited by her from her father (complainant). They repeatedly demanded cash, gold ornaments and other dowry articles.

(3.) Levelling a variety of allegations and narrating the sequence of events in detail, in all, the prosecution claimed that petitioner-Deepak Sharma(husband) and his other co-accused have harassed, tortured and treated Jaspreet Kaur with cruelty in connection with and on account of demand of dowry. 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.80 dated 09.10.2013 (Annexure P-1) on accusation of having committed the offences punishable under Sections 406 and 498-A IPC, by the police of Police Station Women Cell, Jalandhar City.