STATE OF JAMMU AND KASHMIR Vs. HIRDAY NATH RAINA
LAWS(J&K)-1999-3-3
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 09,1999

STATE OF JAMMU AND KASHMIR Appellant
VERSUS
HIRDAY NATH RAINA Respondents

JUDGEMENT

- (1.) JUDGMENT :- This appeal is directed against the judgment dated 30th August '97 passed by Ist Additional Munsiff (Forest Magistrate), Jammu in File No. 127/Challan. By means of impugned judgment respondents, numbering four, have been acquitted for the offence under Section 498(A) of the R.P.C.
(2.) Brief facts giving rise to this case are that Pradesh Raina is the son of Hirday Nath Raina and Chuni Devi, and brother of Manju Raina. He was married to Renu Pandita in the year 1987 at Srinagar as per Hindu rites and Kashmiri customs. A male child was born from this wedlock, who unfortunately died. A written complaint vide EXPA was made by PW Pushkar Nath Pandita at Police Station Bakshi Nagar, Jammu. On the basis of such complaint, FIR EXPB was registered.
(3.) Allegations made against the respondents were that immediately after marriage PW Renu Pandita with respondent Pradesh Raina harassment was caused by the respondents to her. Reason for such harassment given was that she has not brought enough money etc. Demand of money and other gifts was being made. In addition to this as per prosecution case, Renu Pandita was beaten up by the respondents, which resulted in causing injuries to her on her leg and other parts of body. On first Shivratri of her marriage, Renu Pandita went back from her parental house to her in-laws place at Srinagar. She carried with her rice and money, which both were found inadequate and insufficient by the respondents and thus she returned back. From her parental house she is stated to have brought money, but still her in-laws were not satisfied. In the beginning of year 1988 at Srinagar as per complaint made by Pushkar Nath Pandita (hereinafter referred to as complainant), his sister Renu Pandita was forced to make an attempt for committing suicide. This was due to persistent harassment on the part of respondents. Renu Pandita (hereinafter referred to as victim) per force of circumstances was required to stay at her parental house. After migration also she stayed with her brothers and mother. At no point of time bare necessities of food etc. were provided by the respondents to her. While leaving, the victim was deprived of her istri dhan namely gold ornaments as well as her personal belongings by the respondents. Thus according to complainant conduct of the respondents was of such a nature which drove the victim to attempt suicide. The whole exercise behind their such conduct was with a view to coerce her and her family members to meet the unlawful demand of property and valuables.;


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