VIJAY KUMAR CHAWLA Vs. STATE OF PUNJAB
LAWS(P&H)-2014-4-77
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 01,2014

Vijay Kumar Chawla Appellant
VERSUS
STATE OF PUNJAB Respondents

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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