STATE OF H.P. Vs. SURINDER PAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the Additional Chief Judicial Magistrate, Dehra in Criminal Case No. 34-II/93 decided on 7.8.1999 acquitting the accused of having committed the offence under Section 498-A IPC. Complainant Nisha Devi was married to the accused Surinder Pal. The other two accused, Usha Devi and Rameshwar Devi are the sister-in-law and mother-in-law, respectively of the complainant. According to the complainant, her husband had developed illicit relations with his sister-in-law Usha Devi and due to this reason, he used to give beatings to the complainant at the instance of other two accused. In the complaint, it was alleged that on 3.11.1992, the accused came from Hoshiarpur and gave beatings to the complainant. It is further alleged that on 12.1.1992, the mother in-law of the complainant gave beatings to her and she was saved by witness PW2 Kishori Lal. She thereafter lodged a complaint with the Police Station at Dehra on the basis of which FIR No.101/92 was lodged and after investigation, challan under Section 498-A of the Indian Penal Code was filed against the accused persons. The accused pleaded innocence and claimed trial.

(2.) THE prosecution examined the complainant and the other material witnesses are PW2 Kishori Lal, PW3 Tirath Ram and PW4 Harbans Lal. The complainant in her statement in Court has stated that on 13.11.1992, her mother-in-law came from Hoshiarpur at 4.30 pm and gave her beatings so as to compel her to divorce her husband. She was saved by PW2 Kishori Lal. On the next day i.e. 14.11.1992, she went to her husband at Hoshiarpur but her husband did not listen her and asked her to go away and thereafter she lodged the report with the police. She has admitted that a number of criminal cases regarding matrimonial disputes are going on between her and her husband. She has also alleged that her husband beat her up on 14.11.1992 between 8 to 9 pm.

(3.) PW 3 Tirath Ram is also alleged to be on the spot. According to him, the occurrence took place between 7.30 pm to 7.45 pm. PW3 comes up with different version. According to him on 13.11.1992 at night time, when he was sleeping, he heard noises and found that some beatings were going on inside the room. Complainant was shouting but he could not say who was inside the room. He further states that Surinder Pal accused came on 14.11.1992 at 3 pm. PW4 Harbans Lal has not supported the prosecution version at all.