STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) This is an appeal against the judgment dated 5-7-1995 passed by the learned Judicial Magistrate, Ist Class, Bilaspur whereby the accused-respondents (hereinafter referred to as 'the accused') have been acquitted of the charge under Section 498-A, I. P. C.

(2.) Case of the prosecution, in brief, is that PW-1 Surindera was married to accused-Pawan Kumar about 5 years before lodging of the FIR by PW-1 against the accused persons. After about a month of the marriage, accused Pawan Kumar started beating PW-1 on the pretext that she was not good looking and did not work properly. On complaint made to the parents of accused-Pawan Kumar, he was advised by his parents but in vain and he continued to beat and criminally intimidate his wife Surindera. On 9-10-1992 at about 9 p.m. accused persons and Budh Ram, husband of accused-Vidya, came on the lintel and asked Surindera to leave the house otherwise she would be done to death and thereafter beat her up. The accused is residing with the co-accused and he is being instigated by the co-accused and her husband to harass and beat Surindera. The occurrence was reported by PW-1 Surindera at Police Station, Barmana and, thus, FIR Ex. PW-1/A came into being. During investigation, the investigating agency found that accused-Pawan Kumar had illicit relations with accused-Vidya and that is the reason for which Surindera is being tortured by the accusedpersons and Budh Ram, husband of accused-Vidya. On being satisfied of the commission of offences under Sections 498-A, 109, 506/34, I. P. C. by the present accused and Budh Ram, police submitted a charge-sheet against them.

(3.) Accused-Pawan Kumar was tried on a charge under Section 498-A, I. P. C. whereas accused Vidya Devi and Budh Ram were tried for abetment of the said offence.