MALKIAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the accused-revisionist against the judgment dated 17th May, 1996 passed by the learned Additional Sessions Judge, Hanumangarh in Criminal Appeal No. 20/1994 whereby, the learned Appellate Court, while accepting the appeal in respect of Sadhu Singh, Bagga Singh, Mst. Bhuti @ Narendra Kaur, Mst. Sheela and Mst. Kuldeep Kaur, has acquitted them for the offence punishable under Sec. 498-A IPC, has partly rejected the appeal qua the revisionist-Malkiat Singh and has held, him guilty for the offence punishable under Sec. 498-A Penal Code and sentenced him for rigorous imprisonment for one year and a fine of Rs. 100.00 and further to undergo sentence of 15 days simple imprisonment in default of payment of fine.

(2.) Facts in brief are that the complainant Chhindrapal has submitted a complaint Ex.P/1 on 19th March. 1986 in the Court of Munsif and Judicial Magistrate, Suratgarh alleging that during his marriage with the accused-Malkiat Singh solemnised on 4th Feb., 1984, her father gifted many articles to her worth Rs.1.00,000.00 but the family members of the accused-Malkiat Singh including his father, brother and mother and he himself rebuked her for bringing less articles in dowry. They used to demand many other items. Their demand was sometimes satisfied by her father but they raised more demands repeatedly When the demand was not satisfied, the accused-persons retrained her in a room and did not give any food to eat. Her maternal uncle Hardeo Singh tried to convince her in-laws. A panchayat was also called in this matter wherein, the accused-persons assured not to raise the demand and harass the complainant in future but they again demanded Rs. 10,000.00 and forced the complainant to leave her marital home. Thereafter, she was residing with her father.

(3.) Based on these allegations, FIR No. 37/86 was registered. After completing the investigation, a charge-sheet for the offences punishable under Sections 498-A, 406 and 323 Penal Code was filed against 6 accused persons