STATE OF H P Vs. KANWAR SINGH

JUDGEMENT

(1.) THE acquittal of the respondents under Sections 498-A of Indian penal Code and Section 4 of the Dowry Prohibition Act read with Section 34 of the Indian Penal Code has been challenged by the state, in this appeal.

(2.) IN short, the prosecution case can be stated thus. PW 2 Meera Devi was married to the respondent Hans Raj on 8-12-1994, as per the Hindu rites. The complainant pabbar Singh, the father of Smt. Meera Devi, gave Rs. 20,000/- as 'tikka', five tolas of gold ornaments and other necessary articles to his daughter at the time of her marriage. It is alleged that after about one month of her marriage, her husband Hans Raj and parents in law Kanwar Singh and Kaundi devi started taunting her for bringing less dowry but she always told them that her father had provide whatever he could afford. It is also alleged that the respondents picked up the quarrels and started causing harassment on the point of dowry. It is further the case of the prosecution that in the month of march Smt. Meera Devi was forcibly turned out from the matrimonial house to bring more money if she wanted to reside with them. Pabbar Singh, complainant along with hem Chand (PW-3) went to the respondents in their village Kenevera to reconcile the matter, but in vain. The complainant also told them that he was ready and willing to pay Rs. one lac to them provided his daughter is kept nicely in her matrimonial house but in turn, Hans Raj respondent told him firstly to pay the amount, thereafter he would think as to what place could be given to his daughter in the family.

(3.) A legal notice was also served by respondent Hans Raj on his wife Meera Devi to resume the marital ties. After two days of receiving the notice one Shri Sunder Thakur of village Kenevera and Prem Raj both visited the house of the parents of Meera Devi to take her back. Sunder Thakur took the entire responsibility that Meera Devi would be looked after and treated well in the family of the respondents without any alleged taunts. In the month of May, 1995 Meera devi resumed the marital ties and settled down with her husband in village Kenevera. She conceived a baby. When she was running the 5th month of pregnancy, she was again turned out from the matrimonial house. Shri Pabbar Singh (PW1) filed a complaint, on the basis of which FIR under the aforesaid Sections were lodged in the police station. The investigation was conducted by dsp, Devinder Singh (PW8 ). On completing the investigation he moved an application to launch the prosecution against the respondents as per the provisions of Section 8-A (amended by the State of H. P.) of the dowry Prohibition Act to the District Magistrate. Sanction Ext. PW8/b was accorded on 20-4-1996. Thereafter the challan was presented in the learned trial Court against the respondents.