STATE OF H.P. Vs. SUKH DEV

JUDGEMENT

(1.) The instant appeal stands directed by the State of Himachal Pradesh against the judgement recorded by the learned Sessions Judge, Kullu, Himachal Pradesh, whereby he reversed the verdict of conviction recorded by the learned Judicial Magistrate 1st Class, Manali, qua the commission by the 1 Whether reporters of the local papers may be allowed to see the judgment? respondent herein of offences constituted under Sections 498A and 506 Penal Code borne in F.I.R Ext.PW-5/A.

(2.) The brief facts of the case are that on the basis of application filed by the complainant Hira Devi FIR was registered at Police Station Manali. The complainant had alleged that her marriage was solemnized with the accused on 20.10.2008 by exchange of affidavits. Thereafter they cohabitated together. Thereafter, the accused demanded dowry of Rs. four lacs and gave her beatings. The accused told her that marriage will not be registered until Rs. four lacs is paid to him. On 18.7.2009 she was given merciless beatings by the accused and demanded dowry of Rs. four lacs. She came in a Government bus along with accused and she was threatened that in case dowry amount was not paid to him the accused will throw her in the Pandoh Dam. It was further alleged that when she reached near a place known as 17 miles, she noticed Gokal Chand who is her cousin. She called him and at the relevant time the accused was also sitting with her. He inquired from the accused who told him that he wanted four lacs rupees dowry. Thereafter she fled away from the spot. The matter was investigated and 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.

(3.) A charge stood put to the accused by the learned trial Court for his committing offences punishable under Sections 498A and 506 Penal Code to which he pleaded not guilty and claimed trial.