LAWS(P&H)-2017-11-173

BARURAM Vs. STATE OF HARYANA

Decided On November 22, 2017
Baruram Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The applicant has filed the present application under section 378(4) of the Code of Criminal Procedure, 1973 for short 'Cr. P.C.' for seeking special leave to appeal against the judgment dated 30.07.2016 vide which respondents No. 2 and 3 have been acquitted by Learned Additional Sessions Judge, Hisar, for short 'Trial Court', from the charges under Sections 498-A/326/307/34 of Indian Penal Code, for short 'IPC'.

(2.) Initially, the complaint was filed by applicant/complainant-Baruram and later on he died and the same was pursued by his daughter Anita. The brief facts of the case are that the applicant is the resident of Krishna Colony, Jind Road, Hansi and his daughter Anita was married on 20.02.2002 with respondent No. 2-Hawa Singh. Sufficient dowry was given, but after six months of the marriage, accused persons started harassing his daughter on account of demand of dowry. To meet their demand, the complainant gave some more money and other articles and in due course Anita became pregnant and thus, the accused started more harassment to his daughter. Her mother-in-law-Gina Devi threatened that she would be turned out of the house and there is no chance of her getting re-marriage also and her parents will have to bear the expenses of delivery of the child. All three accused turned out Anita from their house after giving beatings. Thereafter, Anita informed the complainant on telephone about the entire episode. Then, younger brother of Anita, namely, Bijender Kumar came to meet her and she was taken to her parent's house at Hansi, where she was treated in Janta Hospital.

(3.) Thereafter, preliminary evidence was recorded and accused were summoned for the offences punishable under Sections 498-A, 326, 307 read with Section 34 IPC. The accused appeared and the case was committed to the Ld. Sessions Court for trial. Charges were framed under Sections 498-A, 326, 307 and 34 IPC to which accused pleaded not guilty and claimed trial. Complainant examined three witnesses, i.e. PW-1 Telu Ram, PW-2 Anita-complainant and Dr. M.L. Kamra as PW-3 and brought on record the documents Ex. P-1 to P-3.