IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Hari Pal Verma
CRA-S-5049-SB of 2014
Santosh
v.
Vinod & Ors.
{Decided on 30/07/2015}
Cruelty to wife--Dowry Demand--The complainant and her witness have miserably failed to specify date, place and time or name of the particular accused who demanded dowry--Accused acquitted.
(A) Indian Penal Code, 1860, S.498-A--Cruelty to wife--Acquittal--Dowry Demand--Brother of complainant has deposed on the basis of information given to him by his sister and there has been no demand in his presence--In his cross-examination, he has stated that no dowry was demanded from the complainant directly--The complainant and her brother have miserably failed to specify date, place and time or name of the particular accused who demanded dowry--There is apparent contradictions in there statements as she has stated that dowry was demanded in the form of Alto car along with unspecified amount, whereas the statement of brother shows that demand was limited upto Alto car--There is no specific evidence regarding the demand of dowry--Acquittal upheld.
(B) Indian Penal Code, 1860, S.498-A--Cruelty to wife--Acquittal--Dowry Demand--The complainant and her witness have miserably failed to specify date, place and time or name of the particular accused who demanded dowry--Accused acquitted.
(C) Indian Penal Code, 1860, S.328--Administration of poison--Acquittal--Forensic examination of the stomach wash in order to determine the substance that administered was poison imperative--Simply because the victim was rendered unconscious would not lead to the conclusion that poisonous substance was administered--In present case, there is no medical evidence on record which can confirm that some poisonous substance was administered to the complainant--Accused acquittal.
Mr. Hari Pal Verma, J.:- The appellant-complainant, namely, Santosh has filed the present appeal challenging the judgment dated 21.10.2014 passed by learned Additional Sessions Judge, Palwal whereby the respondent-accused have been acquitted of the charges levelled under Sections 498-A, 406, 323, 328 and 506 read with Section 34 IPC.
2. Briefly stated, on the basis of complaint made by the complainant, a case FIR No.18 dated 8.5.2012 under Sections 323, 498-A, 406 and 506 read with Section 34 IPC was registered against the accused at Police Station Camp Palwal. As per the FIR, complainant Santosh was married with respondent-accused Vinod on 16.5.2011 as per Hindu rites and ceremonies. Sufficient dowry was given at the time of marriage, but still the accused used to tease her for bringing less dowry and they made a demand of Alto car. However, when the demand was not fulfilled, she was thrown out of her matrimonial home. On 7.5.2012, when the complainant was going to Rajiv Nagar from Palwal court, her husband Vinod came on a motorcycle along with some unknown person and forcibly took her to her in-laws place where she was given beatings and was threatened. On 8.5.2012 at around 10.30 a.m. the accused administered her some poisonous substance forcibly while mixing in the water. She was admitted in the hospital by the neighbours. It is on the aforesaid basis, the FIR was registered and later on Section 328 IPC was added in the case.
3. On the basis of the statement of witnesses, the police conducted investigation and challaned the accused for the offences punishable under Sections 323, 328, 498-A, 406 and 506 read with Section 34 IPC. The accused were supplied the documents as required under Section 207 Cr.P.C. and charge was framed.
4. The prosecution examined as many as eight witnesses. The appellant-complainant, namely, Santosh who appeared as PW3 has deposed that her marriage was solemnised on 16.5.2011 and her parents spent a huge amount and gave Rs.1,51,000/- in cash, one Pulsor motorcycle, other household articles and jewellery to her husband and in-laws in the marriage. Immediately after one month of the marriage, her mother-in-law Ramwati i.e. accused No.2 and her husband Vinod, sister-in-law Priya, Pooja and her brother-in-law Dinesh and maternal uncle-in-law Mahesh started harassing her for bringing Alto car in dowry. They also demanded cash from her and started beating her. After two months of the marriage, the accused left her to her parental house and told that if she brings the car, only then she will be allowed to stay in the matrimonial house. Her father accompanied some relatives, members of the Panchayat who came to her matrimonial house to make understand her in-laws and husband, but they did not agree with her father and the demand of car continued. She was even threatened that in case the demand is not met, they would re-marry accused Vinod. The complainant moved an application before the Women Cell, Palwal. It is on 7.5.2012 when she was going back from court to her house, the accused No.1 came on his motorcycle along with another person whom she did not know at that time, but later came to know his name as Bijender, they forcibly took her to the matrimonial house. There the accused as well as sister-in-law, brother-in-law and uncle-in-law gave beatings to her. The accused had even gone to the extent of forcibly administering some poisonous substance to her while mixing with water and after drinking such poisonous water, she became unconscious. She was taken to General Hospital, Palwal from where she was referred to some other hospital. She was admitted in Balaji Hospital, Palwal for treatment where her statement Ex.P2 was recorded by the police. On 9.5.2012, the police again recorded her statement when she disclosed names of all the accused.
5. Govinda, who is brother of the complainant (PW3), appeared in the witness box as PW6 and deposed on the similar lines as stated by the complainant.
6. PW5 S
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.