LAWS(P&H)-1989-11-26

PYARE LAL Vs. STATE OF HARYANA

Decided On November 06, 1989
PYARE LAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) PYARE Lal, his brother Darshan Lal and their father Chander Bhan were prosecuted and tried by Shri Suresh Chand Jain, Additional Sessions Judge, Karnal, who acquitted Darshan Lal and Chander Bhan, but convicted Pyare Lal under Sections 304 B and 498-A, I. P. C. and sentenced him to undergo R. I. for 7 years and 3 years respectively. Feeling aggrieved, Pyare Lal has filed this appeal.

(2.) PROSECUTION story in brief is that Usha Rani deceased was married to Pyare Lal in the year 1983. One year later Usha Rani gave birth to a child and was again pregnant in December, 1987. After about eight months of the marriage, Pyare Lal and his father started demanding cash from Roop Chand P. W. , father of Usha Rani. After about 1 year of the marriage, Pyare Lal demanded Rs. 10. 000/- from Roop Chand, who paid Rs. 5000/- to Pyare Lal.

(3.) AFTER about one month of the birth of the child, Usha Rani was turned out of the house by the accused and she stayed at the house of Roop Chand for about two years. Panchayat of the brotherhood was taken 10 the accused by Roop Chand a number of times but of no avail and ultimately a maintenance suit was filed by Usha Rani against Pyare Lal when Pyare Lal filed a petition under Section 9 of the Hindu Marriage Act against Usha Rani. Both the litigations were compromised and Usha Rani was rehabilitated at the house of Pyare Lal. Things remained normal for a few months. But later on Chander Bhan co-accused of the appellant got separated Pyare Lal and Usha Rani from him.