GOKAL CHAND MITAL, J. - (1.) THE parties to this appeal are wife and husband and the appeal arises out of the judgment of the Magistrate dismissing complaint filed by Smt. Ram Lata against her husband Dalbir Singh under Sections 4, 4-B and 6 of the Dowry Prohibition Act, 1961 (for short the Act).
(2.) THE appellant was married to the respondent on 27-5-1979 at Chandigarh. The wife belongs to Chandigarh whereas the husband belongs to Himachal Pradesh. Permission to prosecute the husband under Sections 4, 4-B and 6 of the Dowry Prohibition Act, 1961, was obtained and complaint dated 10-9-1980 was filed against him in the Court of Addl. Chief Judicial Magistrate. Paras 6 to 8 of the complaint are relevant for consideration which are reproduced hereunder : "6. That the accused demanded more dowry from the complainant and ultimately, because of the threat that the father of the complainant being a class IV. employee could not satisfy the demand of more dowry, the complainant was denied the privilege of marriage and was treated with cruelty. The accused refused to maintain the complainant for non-payment of dowry." "7. That compelled by the circumstances, the complainant left the house of the accused at Dharamsala on 26th November 1979 at about 11-15 A.M. when the accused was not at the house. The complainant came to Chandigarh in three clothes. 8. That the complainant requested the accused to return all the dowry articles to her which were given to him at the time of marriage but he has refused to transfer the said articles to the complainant," On the basis of these allegations, the Magistrate issued, show cause notice to the husband for an offence under Section 4-B of the Act, to which he did not plead guilty and claimed trial. In support of the complaint the wife appeared as a witness besides her father and one more witness. The tenor of the evidence is that there was demand of dowry and for not fulfilling it the wife was given beating and was turned out of the house; that in spite of the demand the articles of dowry were not returned.
(3.) WHEN the allegations were put to the husband in his statement recorded under Section 313 of the Criminal Procedure Code, he denied the same and produced one witness in defence.;