STATE OF HARYANA Vs. NAWAB SINGH

JUDGEMENT

(1.) THE State has filed the present application under Section 378(3) Cr.P.C for grant of leave to appeal against the judgment dated 29.9.2014 passed by the Additional Sessions Judge, Karnal, whereby both the respondents were acquitted of the charges under Sections 498 -A, 406, 323 and 313 read with Section 34 IPC.

(2.) THE facts leading to the filing of the present application are that on 10.12.2010, complainant Harvinder Kaur was married to Nawab Singh respondent. The parents of the complainant had spent a sum of Rs.17 lakhs on the marriage, besides giving a sum of Rs.6 lakhs in cash to Nawab Singh for purchasing a car. After the marriage, the complainant and Nawab Singh lived as husband and wife, but no child was born from their wedlock. Prior to the marriage of the complainant, Nawab Singh respondent was married to Manjit Kaur, bua of the complainant. Said Manjit Kaur died on 4.8.2010 on account of cancer. From the wedlock of Nawab Singh with Manjit Kaur, there were two children. According to the complainant, Nawab Singh and his mother Raj Kaur were greedy persons, who were not happy with the dowry articles and a few days after the marriage, had started taunting and mis -behaving with her by saying that she had not brought sufficient dowry and the articles brought by her were of inferior quality, due to which their image had been tarnished in the society. After 15/20 days of the marriage, Nawab Singh raised a demand of Rs. 2 lakhs in cash. When the complainant expressed her inability, she was beaten mercilessly. Nawab Singh then tried to kill her but remained unsuccessful. The complainant was told that Nawab Singh had married her as he needed a maid for his children. So much so that her in -laws did not allow her to bear any child from the loins of Nawab Singh, who was addicted to drinking and gambling and used to beat her under the influence of liquor. In March 2011, the accused asked the complainant to bring Rs.2 lakhs from her parents and when she refused, Nawab Singh with the help of his parents, tried to kill her by giving electric shocks. All the accused turned her out of the matrimonial home. On 8.4.2011, a Panchayat was convened by the father of the complainant in which the accused agreed to keep the complainant in a cordial manner. On 11.4.2011, the complainant got her pregnancy checked which was found to be positive. On 12.4.2011, when the complainant went to her matrimonial home, she told this fact to the accused, who became annoyed and insisted upon her to terminate the pregnancy. She requested them not to do so but they remained adamant. In the meantime, she suffered from cough and cold. Her husband Nawab Singh gave her four tablets which she consumed. After sometime, she noticed that she was bleeding from her vagina and when the accused came to know of the same, they started laughing and proclaimed that they had been successful in getting her pregnancy terminated. On 2.5.2011 she was turned out of the matrimonial home and on 3.5.2011 she again got her pregnancy checked which came to be negative. The complainant then made statement before the police on the basis of which FIR No.354 dated 18.7.2011 under Sections 406, 498 -A, 313, 323, 506/34 IPC was registered against the accused at Police Station Nissing, Karnal.

(3.) AFTER completion of investigation, the respondents were tried for offences punishable under Sections 498 -A, 406, 323 and 313 read with Section 34 IPC to which they pleaded not guilty and claimed trial. However, the trial ended with the acquittal of the accused. Hence, the present application.