HARJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Harjit Singh, husband of respondent No. 2 Davinder Kaur has filed this revision petition against the judgment dated 11.04.2012 passed by learned Judicial Magistrate 1st Class, Hoshiarpur, vide which he was convicted under Section 498-A IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/-, in default thereof to further undergo rigorous imprisonment for fifteen days. He has also challenged the judgment dated 03.01.2014 passed by learned Addl. Sessions Judge (Adhoc) Fast Track Court, Hoshiarpur, vide which the appeal against the judgment of learned Judicial Magistrate 1st Class, Hoshiarpur was dismissed. However, the sentence awarded to the accused-revisionist was reduced from two years to one year while maintaining the sentence of fine. Briefly stated, the facts of the case are that Davinder Kaur instituted a criminal complaint against her husband (present revisionist) and other family members under Sections 406 and 498-A IPC, in which she had stated that she was married with Harjit Singh, revisionist on 25.03.1996. She levelled the allegations that all the dowry articles demanded by the accused/revisionist (Harjit Singh and his family members) were given to them as per the list attached with the complaint. All the accused were harassing her from the very beginning. Husband of the complainant used to maltreat and beat her and pressurize her to bring more dowry in the shape of money from her parents. From the wedlock, two children i.e. one son, namely Amrik Singh and one daughter namely Satwinder Kaur were born. Son Amrik Singh was snatched forcibly from her, whereas daughter Satwinder Kaur was living with her. She stated that the revisionist-accused has misappropriated the dowry articles. She had further stated that Harjit Singh (accused-revisionist) was putting pressure upon her to bring Rs. 1,00,000/- from her parents for repairing and reconstruction of the house, where all the accused were residing. The complainant took Rs. 1,00,000/- from her parents and handed over the same to Harjit Singh (accused-revisionist). Accused-revisionist Harjit Singh then handed over the same to his brother's wife (accused No. 5), Jaswinder Kaur, who used the amount to meet the expenditures of the house and kept the remaining amount in her pocket. It was further alleged that the accused was residing jointly in one house and all of them were maltreating her. It was further alleged that dowry articles were not returned. The accused-revisionist then started putting pressure upon her to bring Rs. 2,00,000/-from her father as he had sold some property in Aslamabad in Hoshiarpur, even though, her father was suffering from paralysis and was in need of money. Allegations of insulting and not coming present before the Panchayat and initiating litigation between the parties under Section 9 of the Hindu Marriage Act, 1955 were also levelled against the accused.

(2.) Before the trial court, accused-revisionist along with his father, mother and brother and brother's wife were summoned. However, after the conclusion of the trial, the learned Judicial Magistrate 1st Class, Hoshiarpur convicted the present revisionist under Section 498-A IPC and acquitted him of the charges under Section 406 IPC. All the remaining accused were acquitted of the charges levelled against them. The appeal filed by the accused-revisionist was dismissed by the leaned Addl. Sessions Judge, Hoshiarpur with a modification in sentence awarded to him i.e. from two years to one year.

(3.) I have heard learned counsel of the parties and have also carefully gone through the case file.