JASBIR KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Present criminal revision petition, at the hands of the complainant, is directed against the impugned judgment dated 4.4.2014 passed by learned Additional Sessions Judge, Patiala, whereby appeal of the petitioner was dismissed, upholding the impugned judgment of acquittal dated 8.5.2013, passed by learned Judicial Magistrate 1st Class, Patiala.

(2.) Brief facts of the case, as recorded by learned Additional Sessions Judge in para 2 of the impugned judgment, are that complainant -Jasbir Kaur had moved an application to the SSP, Patiala, wherein she alleged that her marriage was solemnized with Sukhwinder Singh son of Kapur Singh on 25.1.1998 at village Alimajra, Tehsil Rajpura and her father gave sufficient dowry at the time of marriage. After one year of the marriage, her husband, at the instance of his family members, started maltreating and demanding more dowry, due to which she suffered mental as well as financial harassment. The husband of complainant had gone abroad three years ago and at the instance of the accused persons, he did not give a single penny to the complainant nor wrote any letter to her and also instigated other accused persons to raise demand of more dowry from her. On her refusal to meet the demand of accused person, they maltreated, beaten her and pressurized for divorce from her husband, as they wanted to re -marry Sukhwinder Singh. It was further alleged that on 25.7.2004, mother -in -law of the complainant demanded of Rs. 50,000/ - from her and on her refusal, she caught hold her from her tail. In the meantime, her father -in -law also came there and he slapped on the face of complainant. Balwinder Singh, brother -in -law of the complainant, who was also standing there, gave kick blows in her stomach. Bholi wife of Balwinder Singh twisted the arms of complainant. The complainant raised alarm, which attracted some ladies from the neighbourhood to the spot, who rescued the complainant from the clutches of the accused persons. The father -in -law of complainant armed with a sword threatened her with dire consequences. The complainant ran away from there and saved her life. Earlier the complainant moved applications dated 2.8.2004 before the Women Cell, Patiala and to the local police but no action was taken against the accused. On the basis of the application moved by the complainant to the SSP, Patiala, case has been registered against the accused persons. ASI Raghbir Singh recorded statements of the witnesses and as per the orders dated 2.12.2004 passed by the court, recovery of dowry articles was effected. Proceedings under Sec. 82 of the Code of Criminal Procedure ('Cr.PC.' for short) were initiated against Sukhwinder Singh accused. During the investigation, Balwinder Singh and his wife were found innocent and their names were kept in column No. 2 of the report under Sec. 172 Cr.PC. Accused Kapur Singh and Vidya Kaur were arrested on 7.7.2005. After completing all the formalities of investigation, challan was presented in court.

(3.) Challan having been presented, copy thereof alongwith documents attached therewith was supplied to the accused by the learned trial court, as required under Sec. 207 Cr.PC. Finding a prima facie case, charges under Ss. 406/498 -A of the Indian Penal Code ('IPC for short) were framed against the accused, to which they pleaded not guilty and claimed trial. With a view to prove its case, prosecution examined as many as 5 PWs, besides producing other relevant documentary evidence.