- (1.) This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 26.9.2011 passed by the Sessions Judge, Amritsar.
(2.) The respondents were arrayed as accused in FIR No. 147 dated 3.10.2009 for commission of offences under Sections 307 and 498-A IPC. It was an allegation against them that they had demanded dowry, maltreated the applicant, namely Meenu Sharma wife of Narinder Kumar, respondent No.2. and also made an attempt to kill her by administering some poisonous substance.
(3.) The process of law was initiated when, on an intimation received by Assistant Sub Inspector Dharam Pal (PW.6), who went to Life Care Hospital at Chheharta moved an application Ex.PC to Dr. Bhupinder Singh (PW.2) to know about fitness of Meenu Sharma who was admitted there. She was declared unfit to make a statement. On 3.10.2009, again an application Ex.PD was moved and Meenu Sharma was declared fit to make a statement. Her statement Ex.PA was recorded by the above officer. The trial Judge has noted the following facts from her statement:- "that she was married with Narinder Kumar, accused, on 20.2.2009 as per Hindu religious rites. At the time of her marriage, sufficient dowry articles were given to her by her mother Mamta Rani, who is serving in Railway Department, but her husband Narinder Kumar, mother-in-law Kamlesh Rani and brother-in-law (Devar) Ravinder Kumar alias Bablu, accused, were not satisfied, therewith, and they started taunting and harassing her (complainant) stating that the marriage had not been performed as per their status and a motor cycle had not been given in dowry and they also used to give beatings to her and out of fear, she would go to the house of her parents. That after her marriage, she was turned out of her matrimonial home thrice by the accused. That about twenty days prior to 2.10.2009, all the accused gave beatings to her and turned her out of the matrimonial home, however, the matter was patched with the intervention of respectable persons and her husband came to her parental home and took her back to the matrimonial home. That on, 2.10.2009, at about 2 PM, she (complainant) was present in her matrimonial home. Her husband Narinder Kumar, brother- in-law (Devar) Ravinder Kumar @ Bablu and mother-in-law Kamlesh Rani were also present there. They started quarrelling with her and gave beatings to her by saying that since the day her marriage was performed, their business had been ruined and that she is a bad woman in the family. That as a result of beatings, she became semi-conscious and asked for water, whereupon, her mother-in-law caught hold of her from her arms, whereas, her husband and brother-in-law on the pretext of providing her water, poured poisonous tablets in his mouth and all this was done by the accused with intention to kill her, when she was having pregnancy of five months. That in the meantime, her parental aunt Santosh Kumari, who resides in Bhalla Colony, also reached there. She (complainant) was removed to hospital. The motive behind the occurrence was that all the accused nursed a grudge against her since the day of her marriage and they did not want to keep her in their house and they administered her poisonous tablets with intention to kill her.";