KIRANJIT KAUR Vs. SUKHVIR SINGH AND ORS.

JUDGEMENT

(1.) APPLICANT , by way of instant application under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks leave of this court for filing the appeal against the impugned judgement of acquittal dated 15.1.2013, passed by the learned Judicial Magistrate, Ist Class, Phul, whereby complaint of the applicant under Sections 420, 498 -A, 406, 34 of the Indian Penal Code ('IPC' for short), was dismissed and the accused -respondents were acquitted of the charges framed against them.

(2.) BRIEFLY put, facts of the case, as recorded by the learned trial court in para 2 of the impugned judgement, are that as per the complainant, her marriage was solemnised with accused Sukhvir Singh, as per the village rites and customs by way of Anand Karaj. Accused No. 2 is her father -in -law and accused no.3 is her mother -in -law. The complainant has further alleged that her father had spent about Rs.7 -8 lacs on her marriage out of which Rs. 3 lacs were given as Shagan to the accused No. 1 Sukhvir Singh at the time of marriage. The complainant has further alleged that the accused had conveyed to them before the marriage that accused Sukhvir Singh had been employed in Bahreen and earning handsomely. On believing the version of the accused, her marriage was solemnised with Sukhvir Singh. It has further been alleged by the complainant that after her marriage she came to know that the accused persons had not disclosed their caste correctly to them and further her mother -in -law and sister - in -law used to taunt and maltreat her regarding her colour and the dowry articles brought by her. The complainant has further alleged that the accused no.1 Sukhvir Singh was a drug addict and was compelling her to bring Rs.3 lacs from her parents, which were delivered to all the accused persons. However, they continued to maltreat her and further when the complainant gave birth to one daughter, the accused persons again harassed her and locked her in a room after giving her beatings. Further, the complainant alleged that the accused persons again made a demand of Rs.2 lacs before her father and that when her father expressed his inability, the accused persons threw her out of the matrimonial house.

(3.) WITH a view to substantiate her allegations levelled against the accused in her complaint, after charge evidence was produced by the complainant -applicant Kiranjit Kaur. She appeared as CW -1, her father Gurwant Singh appeared as CW -2, Satbir Singh Ex. M.C. appeared as CW -3, besides producing the list of dowry articles as Ex.P1. After closing the complainant evidence, statements of the accused were recorded under Section 313 Cr.P.C. All the incriminating evidence brought on record by the complainant was put to the accused. The accused denied the allegations and pleaded innocence.