LAWS(HPH)-2007-8-41

STATE OF H.P. Vs. BHAJAN RAM

Decided On August 29, 2007
STATE OF H.P. Appellant
V/S
BHAJAN RAM Respondents

JUDGEMENT

(1.) THE present appeal arises out of the judgment dated 23rd July, 1997 passed in Criminal Case No.65/2 of 1996 acquitting the respondent of the charge under Section 498-A of the Indian Penal Code.

(2.) IN the present case, the dispute in question is between the husband and wife, who got married in the year 1990. On 29th November, 1996, complainant-Meena Kumari (wife) filed a complaint in Police Station, Recong Peo and an F.I.R. No.5 of 1996 under Section 498-A IPC was registered against the respondent-husband.

(3.) AFTER examining the statements of six witnesses led by the prosecution, statement of the accused under Section 313 Cr.P.C. was also recorded. The Court below, after examining the prosecution witnesses, came to the conclusion that there was not enough material on record to prove that the complainant-wife was subjected to cruelty so as to constitute an offence under Section 498-A I.P.C. The conduct of the accused was not such so as to say that there was any likelihood of the wife being driven to the state of either committing suicide or cause grave injury or danger to the life of the complainant- Meena Kumari.