LAWS(P&H)-2009-5-103

GURDIP KAUR Vs. SATPAL SINGH

Decided On May 14, 2009
GURDIP KAUR Appellant
V/S
SATPAL SINGH Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment of acquittal dated 27.07.94, rendered by the Court of the Judicial Magistrate 1st Class, Dasuya, vide which, it acquitted the accused, for the offence punishable under Section 406 of the Indian Penal Code.

(2.) IN nutshell, Gurdip Kaur, complainant, filed a complaint, allegeding therein, that she was married to Satpal Singh, accused, on 04.03.84, at village Munak Kalan, Tehsil Dasuya. A week before the marriage, Shagun ceremony took place, at the house of the accused, where her father, brothers and maternal uncle gave Rs. 151/-, to him (Satpal Singh) and Rs. 51/- each to Harbans Kaur, Davinder Singh, and Ajit Singh, accused. Valuable clothes worth Rs. 2000/-, fruit and sweets worth Rs. 1500/-, were also given to the accused. A week after the Shagun ceremony, when the accused namely Davinder Singh, and Ajit Singh alongwith other persons, came for performing the marriage of Satpal Singh, accused, they raised a demand of cooler, sofa set, and sewing machine. It was further alleged by the complainant, in her complaint, that on 04.03.84, at the time of her marriage, various gifts, were given to her, as istri dhan. It was further stated that at the relevant time, after preparing a list of all the aforesaid dowry articles, in duplicate, the brother of the complainant entrusted the same (dowry articles) to the accused. Thereafter, the complainant settled in her inlaws house. It was further stated that the accused were greedy persons. They were not satisfied with the dowry articles, and their demands increased day by day. They also started malterating her, both physically and mentally for fulfilling their demands. It was further stated that she was also compelled by Satpal Singh, Harbans Kaur, and Davinder Singh, accused, to prevail upon her father to arrange the aforesaid dowry articles, and on her refusal she was beaten mercilessly. It was further stated that thereafter, her brother came at her in-laws house, to take her along, but when she was about to depart, Harbans Kaur, accused, told that there was unhealthy atmosphere, in the State and the locality and it was not safe and advisable for a new bride, to wear gold ornaments, during journey, whereupon the complainant entrusted all her gold ornaments to her (Harbans Kaur). It was further stated that on 13.01.87, she demanded the set of gold ornaments, from Harbans Kaur, accused, but she refused. It was further stated that Harbans Kaur, accused, tried to administer her poison in milk. On another occasion, all the aforesaid accused, tried to burn her alive, by sprinkling kerosene oil, but could not succeed. She further stated that the aforesaid circumstances, compelled her to leave the matrimonial home, in three wearing clothes alongwith her infant child on 31.01.87. Thereafter, on the same day, she reported the matter to her parents and Police. The Police, did not take any action, against the accused. It was further stated that on 02.03.87, she filed a petition against Satpal Singh, accused, under Section 9 of Hindu Marriage Act. Satpal Singh, admitted the contents thereof by making statement on oath on 03.09.87. It was further stated that on 03.09.87, she alongwith her father, brother and other relatives namely Pritam Kaur, mediator, visited her in-laws house to bring back all the dowry articles, which were entrusted to them, at the time of her marriage, but they replied that they had misappropriated the same, and had dishonestly converted the same to their own use. They, thus, refused the return the same.

(3.) IN support of her pre-charge evidence, Gurdip Kaur, complainant examined Gian Kaur (PW1), Avtar Kaur (PW2), Saroop Singh (PW4), and she herself appeared as (PW3). Thereafter, she closed her pre-charge evidence.