SWARANJIT KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Prayer in this petition is for setting aside the judgment dated 17.01.2013 passed by the Additional Sessions Judge, Patiala, vide which respondents No.2 & 3 were acquitted, while partly setting aside the judgment of conviction and order of sentence dated 14.10.2011 passed by the trial Court, convicting them along with co-accused Rajinder Singh under Sections 406 & 498-A of the Indian Penal Code (for short 'IPC') and sentencing them to undergo R.I. for one year along with fine of Rs.1500/- and in default of payment of fine, they were ordered to undergo further R.I. for two months.

(2.) However, sentenced awarded to co-accused Rajinder Singh was upheld. Brief facts of the case are that FIR No.749 dated 30.11.2004 under Sections 406/498-A IPC was registered at Police Station Sadar Patiala against Santosh Singh, Jasvir Kaur wife of Santokh Singh, Rajinder Singh son of Santokh Singh and Rajvinder Singh with the allegations that accused Rajinder Singh was married with complainant Swaranjit Kaur on 04.12002 and thereafter, all the accused persons maltreated her and demanded dowry, as detailed in the FIR. Thereafter, in the month of June, 2003 and again on 206.2004, panchayats were convened, as there were serious allegations of maltreatment given to the complainant on account of demand of dowry and she was threatened of dire consequences. On 19.04.2004, a female issue was born out of the wedlock but the accused persons did not come to meet her and the child and again on 110.2004, accused Rajinder Singh under the influence of liquor, tried to kill the complainant and her daughter. Since there was no improvement in the behaviour of accused Rajinder Singh, by citing various instances of cruelty, maltreatment, demand of dowry etc., the aforesaid FIR was registered.

(3.) The trial Court, after framing charges under Sections 406 & 498-A IPC against the aforesaid accused persons, recorded statements of the prosecution witnesses.