STATE OF HIMACHAL PRADESH Vs. KEWAL KUMAR

JUDGEMENT

(1.) Admit. Shri Ashutosh Burathoki, learned counsel waives service of notice on behalf of the respondent after admission. With the consent of learned counsel for the parties, the matter is being finally disposed of today.

(2.) Respondent-Kewal Kumar was sought to be prosecuted for the offences under Ss. 498-A and 323, Indian Penal Code, on the basis of F.I.R. No. 21/1997 dated 8-1-1997 of Police Station, Kangra. The learned Magistrate, upon consideration of the material placed before him, came to the conclusion that no prima facie case for the offence under S. 498-A, Indian Penal Code was made out against the respondent. He, therefore, discharged the accused of such offence. In so far as the offence under S. 323, Indian Penal Code is concerned, the learned Magistrate by observing that such an offence was exclusively triable by the Gram Panchayat, directed that the file be sent to the concerned Gram Panchayat for trial. While coming to the conclusion that no prima facie case under S. 498-A, Indian Penal Code was made out against the respondent, the learned Magistrate has observed in his order dated 5-6-1999 as under :-

(3.) In other words, the learned Magistrate primarily was of the opinion that since the cruelty, if any, to which the complaint was subjected to was not in connection with the demand of the dowry, no offence under S. 498-A, Indian Penal Code was made out.