PUSHPA KUMARI Vs. INDER KUMAR

JUDGEMENT

(1.) THIS an application by Smt. Pushpa Kumari, complainant for grant of leave to file an appeal against the judgement of acquittal, dated 15.6.2007, passed by learned Sub Divisional Judicial Magistrate, Chachiot at Gohar, Distt. Mandi, in police challan No. 300- I/04, 53-II/04. The applicant has submitted that the State has decided not to file any appeal against the impugned judgement, therefore, she being complainant has filed the application for grant of leave to file an appeal.

(2.) THE facts in brief are that complainant Pushpa Kumari on 3.6.2004 came to Police Post, Janjehli and reported that she was married to Inder Kumar on 11.3.2004 at Mahamaya Temple Sundernagar, her husband initially treated her properly but thereafter he started treating her with cruelty at the instigation of her mother- in- law Kala Devi. She has alleged that her husband used to beat her and her mother- in- law used to put sarcastic remarks for not bringing enough dowry. She had told this to her brother Tej Singh. On 1.6.2004, her brothers Inder Singh, Raghunath Singh, Jiwanand, Desh Raj and Tej Singh had inquired from Inder Singh accused and his father. Inder Singh admitted his mistake and assured that he would not repeat it in future.

(3.) HEARD and perused the record. PW 1 Pushpa Kumari has stated that on 2.6.2004 at about 11 p.m. her husband came in inebriated condition and asked her why her brothers have spoken foul words against him and why they have not given dowry and he would cut their heads. She advised him to live properly with her. On this, he took out a knife from almirah and after striping himself naked he put the knife on her neck and when she tried to save herself, her ring finger of left hand got injured. She raised cries and on this her father- in-law intervened and her husband threw the knife in the room. Her mother-in-law slept with her for some time. In cross-examination, she has stated that when she was hurt with knife, she continuously raised cries from 11.00 p.m. to 1.00 a.m. and when she got tired after crying, she fainted.