IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Revision No. 11 of 2009. Date of Decision: April 16, 2009. _______________________________________________________ Smt. Asha Devi. Petitioner. Versus Malkiat Singh and others. Respondents. Coram Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting1? No. For the Petitioner : Mr. Vinod Gupta, Advocate. For the respondent : None. ____________________________________________________ Surinder Singh, J (oral). The petitioner has challenged the judgment passed by the learned trial court acquitting the respondents, for the offences punishable under Sections 494, 498-A read with Section 109 of the Indian Penal Code, by filing the present revision petition. The complainant did not prefer the appeal against the acquittal, but filed the present revision petition, on the grounds that the learned trial court while acquitting the respondents adopted unreasonable approach Whether reporters of the Local papers are allowed to see the judgment? Yes. - 2 - for appreciating the evidence of the prosecution. The record of the learned trial court was requisitioned and I have heard the learned counsel for the petitioner. According to the complainant (PW1), she was given beatings by the respondents. Her husband had solemnized the second marriage with one Anju Devi without her consent, but she did not spell out about the performance of the ceremonies, which were required to be performed for a valid marriage, nor any evidence is led to this effect. Further to constitute the offence punishable under Section 498-A of the Indian Penal Code, the ‘cruelty’ for the purposes of Section 498-A means deliberate conduct on the part of the accused which is likely to drive a woman to commit suicide. Thus, the complainant was obliged to prove: (a) Willful or deliberate taunting or torture of a wife by the accused; and - 3 - (b) Such taunts/torture would drive in ordinary course of nature any normal woman to commit suicide. In State of H.P. v. Suvinder Kumar [2004(2) S.L.J.1249], the Coordinate Bench of this court has held that clause (b) of Section 498-A is not attracted to a mere beating of wife, which would not constitute cruelty within the meaning of Section 498-A of the Code. Learned trial court while relying upon the judgment of this court and also the judgment of the apex court in Santi Deb Berma v. Smt. Kanchan Prava Devi [AIR 1991 Supreme Court 816] has rightly acquitted the respondents, for the offences aforesaid. Since the petitioner did not file the appeal and there is also no merit in the contention raised, it cannot be converted into appeal, therefore the petition is dismissed. April 16, 2009. (Surinder Singh) (Pds) Judge.