HANUMANT DASS STATE OF HIMACHAL PRADESH Vs. VINAY KUMAR:VINAY KUMAR
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
STATE OF HIMACHAL PRADESH,HANUMANT DASS
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Misra, J. -
(1.) The appeal as well as the special leave petition are directed against the judgment of the High Court of Punjab and Haryana at Chandigarh dated 9th July, 1981. Criminal appeal has been filed by the complainant while the special leave petition has been filed by the State of Himachal Pradesh. Vinay Kumar and his mother Chhano Devi were convicted for the murder of Asha, the wife of Vinay Kumar by burning her alive and sentenced to life imprisonment by the learned Sessions Judge, Gurdaspur. On appeal by the accused, the High Court acquitted them by the impugned judgment.
(2.) The prosecution case set up at the trial was that the deceased Asha was married with Vinay Kumar in July, 1972. The marriage was an arranged marriage. It did not prove to be a success, the apparent cause for the failure of marriage was that Asha was only a matriculate and not cultured enough to move about in the society with the husband. To makeup this deficiency the deceased again resumed her studies and started attending college at Nagrota Bhagwan. While prosecuting her studies she was rebuked and abused and sometimes even thrashed, whenever she visited the house of her in laws. She, however, kept on suffering in the vain hope that in due course of time things might improve. There was, however, no improvement and she was fed up with the maltreatment and cruelty meted out to her in the in-laws' house. She left the matrimonial home and started living with her parents sometime in the year 1975 or early 1976.
(3.) In 1977 Vinay Kumar filed a petition in the court of the District Judge, Kangra at Dharamshala under S. 13 of the Hindu Marriage Act for the dissolution of his marriage with the deceased on various grounds including one of desertion. The District Judge in the first instance tried for reconciliation between the spouses and as an interim arrangement Asha returned to her in-laws' house in June 1978 on trial basis, while divorce petition was kept pending and adjourned to July 29, 1978. As the parties did not appear in the Court on the date fixed, it was presumed that they were living happily and the proceedings were, therefore, consigned to the record.;
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