State of Himachal Pradesh vs Kuldeep Singh and Others

Deepak Gupta, J.—This appeal by the State is directed against the judgment dated 22.1.2003 passed by the learned Additional Chief Judicial Magistrate, Paonta Sahib, whereby he acquitted the accused of having committed offences punishable under Sections 498A and 406 read with Section 34 of the Indian Penal Code.

The prosecution case, in brief, is that the complainant Smt Simranjeet Kaur was married to accused Kuldeep Singh. The other accused were parents of Kuldeep Singh and his close relatives. According to the prosecution, after the marriage, the accused persons treated the complainant with cruelty for not bringing sufficient dowry. The accused persons gave beatings to the complainant on 23.10.1999 at Paonta Sahib. On 6.2.2000, the accused turned the complainant out of her matrimonial home when she was pregnant. On 12.3.2000 her parents and other relatives came to the matrimonial home and the accused persons assured that she would be treated well in future. However, things did not improve and on 2.4.2000, when her father came to meet her, the accused persons treated her badly and demanded a car and cash. This ill treatment continued for the next two days which led to her hospitalization and finally abortion of the pregnancy which she was carrying. On the basis of this complaint, the FIR was lodged and the case after investigation was filed in the Court. After trial, the accused have been acquitted. Hence this appeal.

It has been reported by the learned Counsel for the parties that respondent No. 5 has expired. The appeal against her is disposed of as having been abated.

This is a case in which the State should not have filed an appeal. It is apparent that the parties had resolved their disputes and in fact even the brother and father of the complainant turned hostile in the Court and did not support the prosecution version. Even the complainant admitted that she had filed the complaint with a view to get back her Istri Dhan and she also admitted that divorce had taken place between her and Kuldeep Singh. It is alleged that the complainant was beaten in presence of her mother but her mother has not been examined. The brother and father of the complainant have turned hostile. Therefore, the learned trial court was fully justified in acquitting the accused.

In view of the above discussion, there is no merit in this appeal, which is accordingly dismissed. Bail bonds, if any, furnished by the accused are ordered to be discharged.