JUDGEMENT
RAJIVE BHALLA, J. -
(1.) THE appeal has been filed to challenge judgment dated 16.4.2013 recorded by Sessions Judge, Sri Muktsar Sahib, acquitting Pushpa Rani wife of Prem Kumar, Prem Kumar son of Bihari Lal,
Sajjan son of Prem Kumar and Surinder Kumar @ Chhinda, while
convicting and sentencing Bunty Ahuja to life imprisonment who has
filed a separate appeal challenging his conviction under section 304 -
B of the Indian Penal Code.
(2.) COUNSEL for the appellant submits that though the trial court has convicted the husband of the deceased, but as respondent
nos. 3 to 6 were equally responsible for harassment, demand of
dowry and cruelty, that led to the demise of Mamta Rani, they have
been wrongly acquitted. A perusal of the impugned judgment reveals
that the trial court has accepted a defence that the acquitted
respondents were living separately, from Bunty Ahuja but the trial
court failed to discern that they were living in the same street.
Surinder Kumar @ Chhinda also resides nearby and as established by prosecution witnesses, was interfering regularly in the matrimonial
life of the deceased. The appellant, while appearing as PW3 has
clearly deposed that Sajjan son of Prem Kumar and Surinder Kumar
@ Chhinda regularly beat the deceased during her life time and
asked the complainant to take his daughter back by saying that they
have many matrimonial proposals for Bunty Ahuja, husband of the
deceased. The benefit of doubt extended to the aforesaid
respondents, has ignored the fact that a young girl has passed away
in the house of Bunty Ahuja and that allegations of harassment,
demand of dowry etc. have been proved.
(3.) WE have heard counsel for the appellant and perused the record, which was summoned vide order dated 28.1.2014. Bunty
Ahuja, who was married to Mamta Rani in August, 2010, has been
convicted under section 304 -B of the Indian Penal Code, and
sentenced to life imprisonment and though his appeal is pending, we
find no reason to hold that mere pendency of the appeal should
entail admission of this appeal, filed against acquittal of the
deceased's in -laws and another.;
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