Research › Search › Judgment

Punjab High Court · body

2005 DIGILAW 334 (PNJ)

Vijay Ghuman v. Narinder Singh

2005-03-02

VIRENDER SINGH

body2005
Judgment Virender Singh, J. 1. The instant appeal has been filed by Vijay Ghuman/complainant against the impugned judgment of learned Judicial Magistrate Ist Class, Chandigarh dated 7.7.1994, whereby Narinder Singh and his father Isher Dass Grewal have earned acquittal for the charge under Sections 406/34. 2. It is worth mentioning here that in the original complaint, along with the present two respondents Kuldip Singh, Saroj and Dev Raj Dhami were also arrayed as accused, but after recording the preliminary evidence, only the present two respondents were summoned to face trial. The appellant-complainant did not file any revision against the said order of dropping the proceedings qua the aforesaid three persons. The instant appeal was admitted way back in March 1995. 3. I have heard Mr. S.D. Bansal, learned counsel for the appellant and Mr. R.S. Bajaj, learned counsel representing both the respondents. With their assistance, I have gone through the entire file minutely. 4. Vijay Ghuman complainant is the wife of Narinder Singh respondent No. 1 and daughter-in-law of Isher Dass Grewal/respondent No. 2. The allegation is that the respondents had misappropriated the articles of dowry given by her parents to them on 21.6.1987. The other allegations are that her husband was addicted to many vices like consuming of liquor, smack etc. and the other family members were also making demand for more dowry. 5. The appellant in order to prove her case herself appeared as PW-1 besides examining Rattan Singh (PW-2), her father and one L.M. Seth PW-3 son of Shri N.K. Seth, who knew both the parties. 6. Mr. Bansal submits that the deposition of the witnesses examined by the appellant/complainant is consistent and trustworthy, inspiring confidence and as such there was no reason with the trial Court to acquit the respondents of the charge of Section 406 IPC especially when all the witnesses were examined at length in pre-charge evidence as also in after-charge evidence. Dwelling upon his arguments, Mr. Bansal contends that the list (Ex. P-1) indicates the articles handed over at the time of marriage to the respondents and after the marriage, the appellant-complainant was harassed by her in-laws and ultimately she was turned out of her matrimonial home. He then contended that a petition for divorce was also filed on the ground of cruelty and desertion and a decree dissolving the marriage between the parties has already been passed. He then contended that a petition for divorce was also filed on the ground of cruelty and desertion and a decree dissolving the marriage between the parties has already been passed. It is then contended that despite repeated demands from the side of the complainant, the articles shown in the list have not been returned and as such the charge of mis-appropriation is proved. 7. Controverting the submissions advanced on behalf of the appellant/complainant, Mr. Bajaj submits that there is no reason to disturb the well reasoned judgment of acquittal, which is based on proper appreciation of evidence on record; that the appellate Court should move very slowly while disturbing the judgment of acquittal. 8. After giving my thoughtful considerations to the rival submissions raised by either side and re-scanning the entire evidence, being the first Court of appeal, I am of the considered view that no sufficient grounds to disturb the impugned judgment of acquittal are made out. 9. In the light of the evidence adduced by the appellant/complainant, I have minutely perused the impugned judgment. The learned trial Court has dealt with all aspects of the matter with regard to entrustment of articles. The observation of the trial Court is that no doubt the appellant has examined her father and another person to establish the charge and even the list Ex. P-1 has also been produced in Court, yet her case is not proved for the reason that Ex. P-1 does not bear the signatures of the respondents. The other discrepancies have also been taken into account by the trial Court with regard to entrustment of the dowry articles. In addition to it one more fact which has weighed with the mind of the Court is that the divorce petition was filed by the appellant on the ground of cruelty and desertion, but no list of dowry articles was produced in that case despite the fact that the allegations in the said petition were also with regard to demand of dowry. The appellant has also not come up with any specific entrustment. He has simply stated that the present two respondents and the three other persons (not summoned) were entrusted with the articles of dowry. Taking all the weaknesses in the case of the complainant collectively, it has been held by the learned trial Court that the appellant has not been able to prove its case beyond doubt. He has simply stated that the present two respondents and the three other persons (not summoned) were entrusted with the articles of dowry. Taking all the weaknesses in the case of the complainant collectively, it has been held by the learned trial Court that the appellant has not been able to prove its case beyond doubt. Accordingly, the benefit of doubt was extended to the respondents. 10. No doubt, an appellate Court has power to review the evidence upon which the order of acquittal is founded, but its approach while disposing of an appeal is entirely different. The controversy is now well settled by the judicial pronouncements that the judgment of acquittal should be disturbed only when there are substantial and sufficiently compelling strong reasons. Strong reasons are not intended to create any doubt in the power of the appellate Court to review the entire evidence and come to it own conclusion, but in doing so, it should take into consideration every material on record having the bearing on the facts as also the reasons given by the Court below. It should express its own reasons in the judgment, which may show that the acquittal was not justified. The appellate Court should also bear in mind the fact that the trial Court had the benefit of seeing the witnesses in the witness-box and the presumption of innocence is not weakened by the order of acquittal. It is also to be kept in mind that if two views on the matter are possible, a view, which is favourable to the accused should be taken. It is also expected of the appellate Court that each of the grounds taken into consideration in favour of the accused by the trial Court should be considered before setting aside the judgment of acquittal. 11. I have also done the same exercise in the instant appeal and find no infirmity either on factual or legal aspect of the matter. 12. Resultantly, the appeal is dismissed being without any substance.