STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) This appeal has been preferred by the State against the judgment dated 31-7-1997 passed by the learned Chief Judicial Magistrate, Kangra at Dharamshala whereby the respondent/accused (hereafter referred to as 'the accused') has been acquitted of a charge under Ss. 498-A and 506 IPC.

(2.) Case of the prosecution in brief is that marriage of complainant Sudarshna Devi (PW-1) with the accused was solemnised on 12/10/1993. They lived happily for 3-4 months after the marriage but thereafter the accused started maltreating PW-1 saying that she had brought insufficient dowry and started beating her after consuming liquor. The beatings so given to her resulted in abortions 2 - 3 times. Further the accused refused to maintain her and turned her out of the matrimonial home more than once. Lastly, on 24-5-1995 she was beaten up by the accused causing her bodily injuries and on the next day the prosecutrix left for her parents' house at Nagrota Bagwan. On 25-5-1995 the matter was reported at Police Post, Nagrota Bagwan vide report Ext. PW-6/B. Because of the inaction on the part of the concerned police PW-1 approached Dy. S. P. Dharamshala and on his direction F.I.R. Ext. PW-1/A was registered at Police Station, Dharamshala under Ss. 498-A and 506 IPC. After the investigation, the Officer-in-charge, Police Station, Dharamshala submitted a charge-sheet against the accused under S. 498-A to the Court of the learned Chief Judicial Magistrate, Kangra. A charge under Ss. 498-A and 506 IPC was framed against the accused to which the accused pleaded not guilty.

(3.) To prove the charge against the accused, prosecution examined six witnesses. Statement of the accused under S. 313 Cr. P.C. was recorded wherein he denied the case of the prosecution as a whole and claimed that he has been falsely implicated in the case. The accused, however, did not lead any evidence. On the basis of the material on record, the learned Chief Judicial Magistrate acquitted the accused by the impugned judgment. Hence, this appeal.