HEMANT GUPTA, J. - (1.) THE present revision petition has been filed by the wife against the judgment passed by the learned Sessions Judge, Hoshiarpur dated 6.1.1999 acquitting the respondents for offence under Section 498-A of the Indian Penal Code.
(2.) THE brief facts out of which the present revision petition arises is that the marriage between Kiran Deep and Rajesh Kumar was solemnized on 12.6.1984 and three children i.e. two females and one male was borne out of the said wedlock. On the basis of the complaint of the petitioner, an FIR for offence under Section 49B-A/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act, 1961 was registered against the husband, Rajesh Kumar, Dwarka Dass, father-in-law. Sheela Devi, mother-in-law Prem Kumar, brother of Rajesh Kumar and Darshna, wife of Prem Kumar i.e. sister-in-law of Rajesh Kumar. In complaint dated 25.4.1994 by Kiran Deep, it is stated that she is married to Rajesh Kumar for last 10/12 years and is having three children from his loins. Her parents have expired. Her brothers on the demand of Sheela Devi and Dwarka Dass, mother-in-law and father-in-law of deceased respectively, have given dowry as per list annexed. On the day of marriage the golden ornaments were handed over to her mother-in-law Sheela Devi with Rs. 1000/- in cash and the keys of the trunk were handed over to her husband Rajesh Kumar and rest of the dowry articles were given to her father-in-law. However, her mother-in-law and husband refused to give for ornaments and clothes and taunted her for bringing insufficient dowry. Her husband asked her to bring television and her mother-in-law demanded a fridge. When Kiran Deep pleaded that her brothers were poor having eight sisters and they could not bear such a burden, all the three accused namely Dwarka Dass, father-in-law, Sheela Devi, mother-in-law and Rajesh Kumar, husband gave beatings to her and expelled her from her home. However, her brothers persuaded her in-laws and left her in her matrimonial home. However, subsequently, she was expelled from matrimonial home after being given beatings. She was again sent to matrimonial home by the respectables and other Panchayat members four or five times. But accused continued to maltreat her. In the month of November/December, 1995, her husband Rajesh Kumar and mother-in-law, Sheela Devi gave her severe beatings and then her father-in-law Dwarka Dass told that now she is injured, so she he finished once for all by giving her some poisonous substance. Since she over-heard the conversion, she refused to take the same. At this, her husband caught hold her from her arms and her father-in-law caught hold her from her legs and then her mother-in-law Sheela Devi forcibly poured the material from a glass in her mouth. Fortunately, her brothers Sham Lal and Sudarshan Kumar came there and rescued her. On hearing cries, Sh. Birkam Singh, Advocate along with his wife-Chanda came to the spot. Ultimately, she was taken to the Doctor.
(3.) ON the basis of this complaint, Ex. PW5/A, FIR No. PW8/A was registered. On completion of investigation, a report under Section 173 of the Code of Criminal Procedure was filed. The prosecution examined number of witnesses to prove charge against the accused. Keeping in view the evidence led by the prosecution, the learned trial Court convicted Rajesh Kumar - husband, Dwarka Dass, father-in-law and Sheela Devi, mother-in-law for offence under Section 498-A of the Indian Penal Code and sentenced Rajesh Kumar and Dwarka Dass to undergo rigorous imprisonment for a period of three years whereas Sheela Devi was released on probation.;