STATE OF H.P. Vs. JAGAT RAM

JUDGEMENT

(1.) THIS is an application of the State, seeking leave to file an appeal against the judgement of acquittal dated 23.5.2007, passed by learned Additional Sessions Judge (I), Kangra at Dharamshala, in Criminal Appeal No. 15/P/04.

(2.) THE brief facts are that on the basis of FIR No. 103/2000, registered at Police Station, Palampur, the respondents were prosecuted for the offence, under Section 498-A, IPC. The case of the prosecution is that on 17.4.2000, Smt. Nisha Devi submitted a written complaint to S.D.O.(Civil), Palampur that she was married to respondent No. 3 Rajinder Kumar on 13.4.1996, respondents No.1 Whether the reporters of the local papers may be allowed to see the Judgment? and 2 are her father-in-aw and mother-in-law. The respondents treated her properly for one year after the marriage. She gave birth to one male child. Her parents to their capacity had given presents to her. The mother-in-law of the complainant gave her beatings and also threatened to do away with her life. The respondents used to confine her in a room and throw her in the verandah. She has also alleged that her father-in-law also tried to molest her. The respondents had made a plan to burn her. She could not bear the atrocities of her in- laws, therefore, she left her matrimonial home on 23.1.1998 alongwith her son and started living with her parents. The respondents came to her parents house and forcibly took her son and gave beatings to her parents. The S.D.O.(Civil), Palampur sent the complaint of the complainant to Incharge, Police Post, Panchrukhi, who in turn sent the complaint to Police Station, Palampur and accordingly an FIR was registered at Police Station, Palampur.

(3.) THE case of the complainant is based on complaint Ex. PW 1/A and FIR Ex. PW 4/A. The complainant was got married with respondent No. 3 on 13.4.1996. In her statement recorded on 4.6.2004, she has stated that she remained at her in-laws house for about 1 1/2 years. Thereafter, she started residing in her parental house at Bharmat and her husband also resided with her in her parental house, her father-in-law and mother-in-law had been residing separately from her for the last 7-8 years and only her husband was residing with her. In other words, as per her statement she was not living with her father-in-law and mother-in-law since 1996-97. It is the case of the complainant that for about one year she was kept well in her in-laws house, thereafter she started residing in her parental house at Bharmat. She has also stated in her cross-examination that her father-in-law and mother-in-law have been residing with their another son in a separate house. In other words, when father-in-law and mother-in-law of the complainant were residing separately, then there is no question of harassment of complainant at the hands of father-in-law and mother-in-law, as alleged by complainant.