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1986 Supreme(P&H) 274

M.M.PUNCHHI
Romesh Kumar – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner:Mr. P.S. Mann, Senior Advocate with Mr. N.K. Sunija, Advocate.
For the Respondent:Mr. Jagmohan Singh Bhatt, Advocate.

JUDGMENT

M.M. Punchhi, J. - In this appeal is raised an important question of law with regard to the applicability of presumption arising in section 113-A of the Indian Evidence Act to a crime which was committed prior to its insertion in the said Act. But before the point is examined in detail, the facts need be elaborated.

2. Romesh Kumar, resident of Batala, the sole appellant, was married to Parveen Kumari of Ajnala in the year 1981. As the prosecution case goes, they lived cordially for 2/3 months but then a consistent treatment of harassment and cruelty was meted out to her. Not only was the appellant accused of such misconduct but his father Sardari lal, his mother Harbans Kaur and sister Subash Kumari were said to be co-participants. About three months prior to the occurrence which took place on 9.5.1983. Parveen Kumari was administered a beating by the appellant and his co-participators for statedly the dowry brought by both of the fridge, scooter and television set had dashed their expectations and in the meantime on the occasion of a son borne to her, proper presents had not been made to her in-laws family. She sought shelter in her parental house at Ajnala but her brothe























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