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2010 DIGILAW 1960 (PNJ)

State of Punjab v. Kundan Lal

2010-07-06

T.P.S.MANN

body2010
JUDGMENT T.P.S. Mann, J. (Oral):- Challenge in the appeal is to the order passed by Judicial Magistrate 1st Class, Amritsar on 12.5.1997 whereby the accused-respondent was acquitted of the charges under Sections 406/498-A IPC. 2. According to the prosecution, the marriage of complainant-Varuna Sharma was solemnized with the respondent on June 22, 1986 according to Hindu rites. After the marriage, the complainant and the respondent lived together as husband and wife and three children were born from their wedlock. However, the respondent started maltreating the the complainant soon after the marriage. The mother and brother of the respondent used to come to the house of the complainant and maltreat her for bringing inadequate dowry. The complainant went on tolerating all this and never disclosed about the same to her father. Instead, she informed all this to Jaswinder Singh son of Santokh Singh. According to the complainant, the respondent used to make demands for a new scooter, besides compelling her to ask her father to get a house rented for him. These two demands raised by the respondent were met by the father of the complainant but even then the respondent was not satisfied and used to give beatings to her. She was kicked out from the house of the respondent. Her father, alongwith other respectables, took the complainant to the house of the respondent and requested him to take her back. At that time, the complainant was pregnant. The father of the complainant left her in the house of the respondent after settling the matter. Even at that stage, the respondent had given threat to the father of the complainant. After some time, the complainant delivered a female child. A month thereafter, the respondent again started maltreating her for the reason that she had given birth to a female child and he had been financially burdened. The respondent again compelled the complainant that her father should build a house for him. When the complainant’s father came to the house of the respondent, the latter gave filthy abuses to him and threatened that he would be done to death. After about three months, the respondent came to the house in a drunken condition and gave severe beatings to her as a result of which her leg was fractured. When the complainant’s father, alongwith some others, came there, in their presence also, the respondent gave beatings to the complainant. After about three months, the respondent came to the house in a drunken condition and gave severe beatings to her as a result of which her leg was fractured. When the complainant’s father, alongwith some others, came there, in their presence also, the respondent gave beatings to the complainant. At that point of time, the father of the complainant turned the respondent out of the house and as such the respondent started living at Batala. Thereafter, the respondent gave an assurance to the father of the complainant and both the complainant and the respondent started living together. Despite this, the behaviour of the respondent did not change. Hence, she approached the police with an application, on the basis of which FIR No.184 of 1993 was registered at Police Station Sadar, Amritsar for offences under Sections 406/498-A IPC. 3. The trial Court acquitted the respondent for the reasons that there was no satisfactory evidence available on the file as to what articles were entrusted to the respondent at the time of marriage. The list of articles produced by the complainant did not bear the signatures of the respondent or any of his relatives on his behalf and it was signed by the complainant only. Moreover, the list did not show as to whom the articles mentioned therein were entrusted. Another reason given by the trial Court was that during the trial proceedings, the matrimonial litigation between the complainant and the respondent ended in divorce by mutual consent. Both, the complainant and the respondent, made their respective statements Ex.PY and Ex.PZ in the Court of Shri O.P. Garg, Additional District Judge, Amritsar that none of them was enjoying a happy married life and prayed for a decree of divorce. 4. Once the marriage between the parties has already ended in divorce by mutual consent, this Court would not like to interfere in the impugned judgment of acquittal passed by the trial Court as that would only open the healed wounds. 5. In view of the above, no case is made out for interference in the impugned judgment of acquittal. The appeal is, therefore, dismissed. --------------