← Library
High Court of Punjab and HaryanaCRM-M/9662/2013allowed

Avtar Singh And ANR v. State Of Haryana

2015-04-29Mr. Justice Sudhir Mittal7 pages

  

             



   !

!"#$ %   

              

#  &'  (   (       

        !

  "#   " $ $!     % & '''''

 ( )* +,-.     (  )* % +,-  ++.-&.+&     /0-1  2.3  /.3 *!

  4  44  "$544

6  5(        &  )* 6   5    % & 6 44   $ 6 4$ 8 &,.+&..96 :6  ; 64  6 4 

5 ) $4   4< 



  44 44   5 $

&

 146           

         4  5  $ 4  $  4

 7 $4    4          $$ 4 4 !

$4   44      5       *  &..-  $

$4    &.

...=1  5  $4   7 5    146 $  $4 4 &1,       $  $ )16 5   146 $4   $  $4    !

  6 6     1467 6       146 5 $ 44 $4      8 5    $

$4  5

4   46445  4 5    $4    6 6 

$4     644 $$    4  44  4   $ $4  

 5   $4  

   $      !

 6   6   4    $$ 4

 4 4   146 6 (  5  +21&.  5      8     

 $ $ $4   6 644   $4  >   $ 

44 44   5   146  $4          4

 7 5  6 4 4 44     46          $4     5 $4         $       

 6

,

$     $ $4      

$  

$4   

6

44 "  5 45 5 7

$4   4     

  > 5    )*$ 5  , ?4 )*% &+/&3.-&.++6      $4    4 44    6   5    4 !

      /.3 /0-1 ,&, 2.3 ,/*!74!

  6     - 0 +.1 "(8) While stepping into witness box, PW1 Manisha Rani, complainant has testified that her marriage was solemnized with accused Jaswinder Singh on 23.03.2007. After marriage, she lived in her matrimonial house at Bharatgarh. She specifically stated that her in, laws never demanded any dowry nor harassed her for want of dowry. They have neither given any beatings upon her person nor misused the dowry articles nor they threatened to injure with life. This witness turned hostile and on the request of learned PP for the State, she has been duly cross,examined by him with leave of the Court.

(9) In cross,examination, she has specifically stated that she has heard the contents of complaint Ex.PA, however, denied that she made the complaint. She admitted her signatures on the complaint but stated that the were affixed under pressure of Biradari people.

(10) Kamlesh Rani, PW2, has stated that the marriage of her daughter was solemnized with Jaswinder Singh on 23.03.2007. Her daughter lived in the matrimonial

/

home nicely. The in,laws of her daughter never demanded any dowry nor maltreated her. Stated that her daughter is still residing in her matrimonial home nicely. She has also turned hostile and duly cross, examined by the learned PP for the State with the leave of the Court. In cross,examination, she also denied that she has never given statement, Ex.PD to the police.' /        !

     $      454      $        ,+, !! 6   6 @4$4 !

( 4

6   :6 

  $ .2./&.+& 2              4 4        :6  

 6

     4

6 6 4 3      544   6 4        $$ 4 

$4   $  54 $    4 )* % &+/ &3.-&.++   /.3 /0-1 ,&, 2.3 ,/*!

 4

44   4 (4    5    $   .2./&.+&  5  4!

:4  $547   % &    4              (4    4  5        

 $ $ $4   9 4 )*% +,-++.-&.+&   /0-1   4 

 44  4    44   

2

   6    $   (4 6   5(  44   $4 4  5   

 4  4  ,..!!       5  6   $   44 6     6 ( 5  $     44     ,.. !!      1 "300. Person once convicted or acquitted not to be tried for same offence ,.

(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub, section (1) of section 221, or for which he might have been convicted under sub,section (2) thereof.

88.."

- *      

 4   4   !% 1+29&3 &.+& +2.9&.+/ 4A:6 

$$

B    

4     



  

! "#$% % &%  0 ;      4    644       $ 4       4   $$ 44           (4  4)*7 4 )* (   

6  $4   $ 5( 44  4    

3

 $ $      (

 $ 5  $   $      $$ 4

      4 4  7   46  $ $ ,..!!644  

6  6

5 (4  5    $   6  644 4    54

  +.

      46  * $ 6 464   <  6 )*    6

    5     4 4  44 ?  44 

6  5 $ 5   44 $  $4

6    7 $4  

6  5 6

5  6  6 $ ++

 5   6 6 45   $    6  4 4     5  !

( 4 )* 445(  44 6  6 44 44 4  4     <    4   6

 4 5  4$      )* %  5(  $  5 44 7 !

4       $  /-&!!

4 5      5   46       

9

+&   4  )* % +,-  ++.-&.+&     /0-1  2.3  /.3 *!

  4   44   " $54 4

 6    5(              (  / ,01,"( "213 4!2  &0./&.+2