STATE OF HARYANA Vs. HARI CHAND AND ORS.

JUDGEMENT

(1.) THIS is an appeal filed by State of Haryana against the judgment of acquittal dated 28.03.2003 recorded by Additional Sessions Judge, Panipat in appeal against judgment/order dated 05.11.2001 passed by Chief Judicial Magistrate, Panipat.

(2.) VIDE order dated 05.10.2004, Division Bench of this Court granted leave to file appeal in respect of Subhash Chand (husband of the complainant) only. For other accused/respondents leave to file appeal was declined.

(3.) ON 09.08.1994, a son took birth from this wedlock. Her mother was insulted when she visited the matrimonial house on the pretext of giving under -valued gift items. Complainant was turned out of the matrimonial house in February 1997 and she remained in parental house upto February 1998. On assurance of the accused, complainant went back to matrimonial house in February 1998. However she was again turned out of matrimonial house on 06.12.1998. The entire dowry/Ishtridhan was allegedly misappropriated by accused. With this background the prosecution against the accused persons proceeded.