BANDANA DEVI Vs. SURJEET SINGH & OTHERS

JUDGEMENT

(1.) The instant appeal is directed against the impugned verdict pronounced by the learned Judicial Magistrate, 1st Class, Court No. II, Amb, District Una, H.P. whereby he acquitted the accused for the charges framed against them for theirs respectively committing offences punishable under Sections 498-A, 406, and 506-I read with Section 34 I.P.C.

(2.) The brief facts of the case are that a complaint was filed by the complainant that marriage of complainant was solemnized with accused No. 1 on 21.11.2001 at her parental house in village Nakroh, Tehsil Amb according to Hindu rites and ceremonies and out of their wed-lock a female child was born on 17.10.2003. Soon after the marriage, the accused persons told the parents of the complainant that they have given less dowry articles. The accused persons also directed to the complainant to convey their message to her parents that her parents should remove the dowry articles of inferior quality and pay them Rs. 1,00,000/- in cash. Apart from dowry demand accused No. 1 also started abusing the complainant and he also levelled allegations of unchastity against the complainant. She alleged that accused No. 2 to 5 threatened to beat her if she came back without Rs. 1,00,000/-. The complainant visited police station, Amb for reporting the incident. The police post Daulatpur called accused No. 2 to 5 and asked the complainant to live at her parental house till the arrival of accused No. 1 from Indian Army and assured the complainant for legal action against the accused persons. Thereafter the matter was compromised and accused No. 1 brought the complainant to Jhansi at the place of his posting. After the birth of female child accused No. 1 said to the complainant that she was a characterless lady and female is born from the illicit relation of complainant with some one else and female child is not born from the relations of complainant and accused No. 1. Accused No. 1 ousted the complainant and her daughter from the place of his duty after 21 days of the birth of female child. On 21.3.2004 the complainant and her mother went to Jhansi but the accused did not allow them to enter in his house by saying that since the parents of the complainant have not fulfilled their demand of Rs. 1,00,000/- and the complainant was a characterless lady, she cannot be allowed to remain with accused No. 1. On 6.2004 the complainant alongwith her mother went to the house of the accused at Bhaderkali and saw that accused No. 2 to 5 were using Istridhan, which was in the custody of accused No. 2 to 5 without the consent of the complainant and damaged the dowry articles. Lastly it is prayed that the accused persons may be summoned and punished according to law for alleged offence under Section 406, 498-A and 506 IPC read with Section 34 IPC. After recording of preliminary evidence Court of the Judicial Magistrate 1st Class, Court No. II, Amb, District Una, took cognizance against the accused and charge under Sections 498-A, 406 and 506-I of the Indian Penal Code was put to the accused to which they pleaded not guilty and claimed trial.

(3.) A charge stood put to the accused persons by the learned trial Court for theirs committing offences punishable under Sections 498-A, 406, and 506-I read with Section 34 I.P.C. to which they pleaded not guilty and claimed trial.