IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.A No.675 of 2002 Date of decision : November 7, 2009 State of H.P. …Appellant. Versus Ayub Khan and others …Respondents. Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondents : Ms Archana Dutt, Advocate. Surjit Singh, J (Oral) State has appealed against the judgment, dated 17th May, 2002, of learned trial Magistrate, whereby respondents Ayub Khan, the husband, Sher Ali, brother of the husband, Kapura Devi, the mother and Guljar Bibi, the sister of the husband of Lata Devi, who were charged with and tried for offences, under Sections 498-A, 323, 504, 506, read with Section 34 of the Indian Penal Code, have been acquitted. 2. Complaint Ex. PW-1/A was filed by Lata Devi (PW-1) in the Court of Judicial Magistrate, Ghumarwin, alleging that the respondents had been harassing and subjecting her to beating to coerce her to meet their demand for dowry. It was alleged that the marriage between the complainant and respondent Ayub Khan had taken place in June, 1997 and that five-six months after the marriage, respondents started making demands for dowry and when she Whether reporters of the local papers may be allowed to see the judgment? …2… and her mother could not meet the demands, they started beating her. It was also alleged that on 27th March, 1998, the complainant went to her mother’s place, where all the respondents came in the night and gave her beating. Complaint was forwarded by the Magistrate to the Police for investigation. Police registered a case. PW-1 Lata Devi was got medically examined. Certain injuries were found on her person, which were opined to have been sustained by her within 24 hours. Medical examination was conducted on 28th March, 1998. 3. Prosecution examined Lata Devi as PW-1, her mother Prabhi Devi as PW-2, and some other residents of their village, namely Roshan Lal (PW-3), Ishwar Dass (PW-4), Rattan Lal (PW-5), Satya Devi (PW-6) and Yog Raj (PW-7). 4. Except PW-1 Lata Devi and her mother PW-2 Prabhi Devi, nobody testified that there was any demand for dowry by the respondents. Also, PW-3 Roshan Lal, PW-4 Ishwar Dass, PW-5 Rattan Lal, PW-6 Satya Devi and PW-7 Yog Raj, did not say, even a word, against the respondents, other than Ayub Khan, the husband of Lata Devi. They stated that they went with the mother of Lata Devi to the house of the respondents to request them not to harass or torture Lata Devi, but they were ill-treated by respondent Ayub Khan, who was, at that time, drunk. They stated that they went with the mother of Lata Devi to respondents’ place on 19th March, 1998 and when respondent Ayub Khan refused to keep Lata Devi at …3… his place they brought her back to her mother’s place in village Jajwani. 5. Statements of PW-3 Roshan Lal and other witnesses give a lie to the allegation in the complaint, Ex. PW-1/A, that Lata Devi was at respondents’ place on 26th March, 1998 and there she was beaten up by them, in the course of night. Lata Devi and her mother did not utter even a word about the allegation that on 27th March, 1998 respondents came to their place in village Jajwani and gave beating to Lata Devi. Therefore, the medico legal evidence, in the form of the testimony of PW-8 Dr. P.C. Sharma and the medico legal report Ex. PW-8/A are of no help to the prosecution, because two of the three injuries, which were noticed on the person of Lata Devi, as per testimony of PW-8 Dr. P.C. Sharma and medico legal report, were sustained by her within 24 hours, and Lata Devi and her mother, as already noticed, do not say that any beating was given to Lata Devi within 24 hours. Third injury’s duration is stated to be more than seven days. Lata Devi did not say that the third injury was caused to her more than seven days prior to her having been medically examined by PW-8 Dr. P.C. Sharma. In view of the abovestated position, I do not think this to be a fit case for interfering with the judgment of acquittal passed by the trial Court. Hence, the appeal is dismissed. November 7, 2009(sd) ( Surjit Singh ), J.