ANMOL SINGH ALIAS ANMOL SHARMA Vs. DIVAKAR

JUDGEMENT

(1.) THE present revision petition has been directed by the complainant against the judgment dated 01.03.2006 passed by Shri V.S.Malik, the then learned Sessions Judge, Kurukshetra vide which accused -respondents were acquitted from the charges levelled against them under Sections 498 -A and 304 -B read with Section 34 of the Indian Penal Code ( in short the IPC) in a case FIR No.16 dated 1.3.2004 registered at Police Station G.R.P. Kurukshetra.

(2.) BRIEFLY stated the case of the prosecution is that Anmol Sharma complainant married his daughter Sangeeta with Divakar accused on 18.10.2000 and gave dowry in the marriage as per his status. On the asking of the members of the family of bridegroom, the marriage was solemnized in Saini Samaj Bhawan, Kurukshetra in place of Kaithal. A month after the marriage, Divakar and his parents demanded Rs.30,000/ - and on nonpayment of the said amount, Sangeeta was turned out of her matrimonial home after giving her beating only one and a half months after the marriage. On the very next day, complainant along with his wife Kamla and his daughter Sangeeta came to Kurukshetra and gave Rs.30,000/ - to the accused in cash. He begged pardon and left Sangeeta at her matrimonial home at Kuruskehtra. Despite it, Divakar and his parents as also his sister kept taunting Sangeeta for bringing grossly inadequate dowry. They had also been beating her. After six months of the marriage, Sangeeta became pregnant. parents of Divakar demanded a sum of Rs.20,000/ - as expenses of delivery. The complainant was not in a position to pay this amount. On account of it, Divakar and his mother had pushed Sangeeta out of her matrimonial home. They told Sangeeta at that time that her father had not given any good dowry and they were not ready to bear the expenses of delivery of child. Sangeeta reached Kaithal crying. In august 2001 Sangeeta gave birth to a son at Ranjna Jain Hospital, Pehowa Chowk, Kaithal and the expenses thereof were borne by the complainant. Thereafter, he gave Rs.15,000/ - in cash and gave other gift items etc and had sent his daughter to her matrimonial home. He requested the accused not to harass his daughter again. After two months, accused again started harassing Sangeeta in connection with demand of something or the other. She fed up with the said treatment, she took an accommodation on rent in the neighbour -hood of her matrimonial home and she joined services of teacher in August 2003 at Gita Kanya School, Kurukshetra to run the household. Despite separate residence, her parents -in -law started illtreatment against her and also giving beatings to her as Sangeeta used to tell about her miserable condition to the complainant. Sangeeta asked the complainant to take her to her parental home.

(3.) IT has been further stated that on 29.2.2004 at about 9.00 or 10.00p.m. Sangeeta made a telephonic call and told the complainant that Divakar, his mother and sister were beating her right from the morning and were taunting her. She expressed her apprehension of her death at their hands. She also told the complainant that they had been demanding Rs.20,000/ -. The complainant was not in a position to pay this amount and for that reason she committed suicide on 1.3.2004 by jumping in front of the train. The complainant was travelling by the same train to Kurukshetra to attend his duties. At the time of post mortem examination, Divakar had assaulted Smt.Kamla wife of the complainant and had bitten her hand. On the basis of this statement, FIR under Sections 498 -A and 304 -B of the IPC was registered. Various proceedings were conducted at the spot. Site plan of the place of occurrence was prepared. Statements of the PWs were recorded. After completion of necessary investigation, challan against the accused was presented.