STATE OF HIMACHAL PRADESH Vs. RAKA SONI

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of the learned Additional Chief Judicial Magistrate, Nalagarh, in Criminal Case No. 2/2 of 1995, decided on 5.12.1998 whereby the accused have been acquitted of the charges leveled against them under Section 498 read with Section 34 I.P.C.

(2.) THE prosecution case in brief is that Rajni Bala (complainant) was married to Raka Soni on 9.6.1993 at Nalagarh according to Hindu rites. Out of this wedlock one son was born. A complaint was filed by the wife, Rajni Bala with the police to the effect that her parents and relatives gave her a number of gifts at the time of the marriage. After the marriage she was residing with her husband Raka Soni and his family at Kalka. According to her after a few months only the behaviour of the accused i.e. her husband, father-in-law, mother-in-law, brother-in-law and sister-in-law changed towards her. They started demanding dowry in the shape of a scooter and money for setting up business etc. When her parents could not satisfy their demands they started torturing her on one pretext or the other. She was even slapped by her parents-in-law. Though the complainant was in an advanced stage of pregnancy, her in-laws treated her with cruelty. After the delivery of the child at her parents' house she went back to Kalka when again dowry was demanded from her. According to her on 15.6.1994 her mother-in-law and brother-in-law (accused) poured Kerosene oil on her and her clothes caught fire and she saved herself by running out of the kitchen. She was taken to the Civil Hospital, Kalka where accused persons told every-body that she had tried to commit suicide. The complainant remained quite since she was in a state of shock. On 19.6.1994 the complainant's father alongwith her elder sister visited Kalka. There the mother-in- law of the complainant informed her father that the complainant had tried to commit suicide. She returned with her father to Nalagarh on 25.56.1994. On 10th or 11th July, 1994 the husband came to Nalagarh and asked the complainant to make arrangement for Rs. 50,000/- within a week otherwise he would divorce her. The complaint was filed on 8.8.1994 in the court. This complaint was referred to the police under Section 156(3) Cr.P.C. Thereafter FIR No. 116 of 1994 was registered and matter investigated. The accused were challaned and summoned. They pleaded not guilty and claimed trial.

(3.) I have heard Mr. Rajan Diwan, learned Additional Advocate General for the State and Mr. Anup Chitkara, learned counsel appearing for the respondents-accused.