STATE OF HIMACHAL PRADESH Vs. KHEM CHAND

JUDGEMENT

(1.) The instant appeal is directed by the State of Himachal Pradesh against the impugned judgment rendered on by the learned Additional Chief Judicial Magistrate, Sundernagar, District Mandi, H.P. in Police Challan No. 508-1/2002 whereby the learned trial Court acquitted the respondent (for short 'accused') for the offences charged.

(2.) The prosecution story, in brief, is that marriage between the complainant Kiran Kumari and accused Khem Chand was solemnized on 12.3.2000 as per Hindu Rites and customs and out of the said wedlock a daughter was born on 26.12.2000. The complainant after her marriage with accused Khem Chand started residing in the matrimonial home jointly with the parents-in-law. The accused person after marriage started abusing, beating and causing harassment to the complainant for bringing in sufficient dowry. Accused Khem Chand being the husband of the complainant developed illicit and adulterous relations with one Tara Devi and started living separately from 15.2.2002. Accused Khem Chand with a view to drive the complainant out of the matrimonial home increased the acts of physical assault and harassment. The complainant on 28.02.2002 was assaulted and beaten up by the accused person on which she reported the matter at Police Station Sundernagar on which FIR No.91/02 was registered against the accused for the commission of offence under Sections 498-A and 494 IPC. The police later during the course of investigation took into possession the copy of Pariwar Register from the concerned Panchayat showing the complainant being the legally wedded wife of accused Khem Chand.

(3.) After completing all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.