STATE OF H P Vs. RAJINDER KUMAR

JUDGEMENT

(1.) The State is aggrieved by the judgment of the learned trial Court for acquitting the accused for offences under Section 498-A, 494 read with Section 34 of IPC.

(2.) The case of the prosecution, in brief, is that complainant Nirmala Devi was married to accused Rajinder Kumar (sic Singh) on 6.12.2000. The prosecution alleges that Kamlesh, the second accused before the learned trial Court, is the brother of Rajinder Kumar, the first accused. Bhajan Singh and Satya Devi are the father and mother of this accused. It is alleged that the complainant was constantly harassed by the accused for not meeting their demands for dowry. Initially one demand was met, but later on, another demand of Rs. 3000/- was made. When it was not complied with she was assaulted and beaten. When this money was paid, the accused Rajinder Kumar spent it on consuming liquor. Another demand of ' two lakhs was made so that the accused could purchase a maruti van. The gist of the offence against the accused is that not only did they treat the complainant with cruelty within the meaning of Section 498-A IPC, but Rajinder the first accused performed a second marriage in contravention of the provisions of Section 494 IPC . The prosecution has examined 17 witnesses in all to establish its case.

(3.) On the evidence on record, the learned Judicial Magistrate after a detailed consideration of the evidence concluded that no offence as alleged has been made out against the accused and they were acquitted for the said offences.