KAMALJEET Vs. SHYAM LAL AND ORS.

JUDGEMENT

(1.) PETITIONER -Appellant has filed the instant petition seeking leave to appeal against the judgment of acquittal passed by the learned trial Court in Complaint case No. 197 -I of 1998 decided on 30.3.2010 for offences punishable under Sections 406, 498A and 506 Indian Penal Code.

(2.) SHRI Ajay Sharma, learned Counsel for the Petitioner -Appellant vehemently argued that the impugned judgment of acquittal is wrong and illegal. The material evidence has been brushed aside on flimsy grounds. Further, a great prejudice has been caused to the Petitioner -Appellant whereas there are grounds to convert the acquittal into conviction.

(3.) IN short, the allegations for which the Respondents faced trial can be summed -up thus. The Appellant -Petitioner was married to Respondent Shyam lal on 15.2.1995 in District Ropar (Punjab). His wife (Kamaljeet Petitioner) alleged cruelty against her. After the marriage on 23.10.1995, she gave birth to a male child named Amandeep. Her husband was a liquor addict. He and other family members started harassing her for dowry. His parents used to instigate him to kill her. In the month of November, 1996, her brother went to Chandigarh to see her and noticed swollen finger and injuries on her body. He narrated the entire fact to her father. Next day, they visited her and a meeting was fixed at Nangal. Her husband, even in their presence proclaimed that he would not stop beating her. Thus, she was not sent to her matrimonial house by her parents. On 23.2.1997, her husband along with his Respondent mother visited her parental house from where the Petitioner -Appellant was dragged and her father -in -law kicked her. In December, 1997 her husband filed petition for restitution of conjugal rights which ended in compromise on 30.4.1998, she joined the company of her husband in the matrimonial house. Even thereafter her husband insisted upon her to fetch money to invest in his business. In the month of August, 1998 she was sent to her parental house during Rakshabandhan. On 25.8.1998 Respondent came to her parental house and asked her to arrange an amount of Rs. 20,000/ -. When she expressed her inability so to do, they proclaimed to join the matrimonial home only if she could arrange the said amount. It was also alleged that her dowry articles, given at the time of marriage, were kept by the Respondents and were not returned.