CRA-D-347-DBA IN THE HIGH COURT State of Punjab Arwan Sethi & another CORAM: Present: GURVINDER SINGH GILL, J. 1. The appellant/State of Punjab assails judgment dated the Additional Sessions Judge whereby both the respondents acquitted of the charges framed against them for offence 307, 406, 498 2. The matter arises out of FIR No. Station Division No.4, under Sections 307, 406, 498 pursuant to a the Senior Superintendent of Police, Ludhiana complaint (Ex.PA), Kiran stated that her marriage was solemnized with Arwan Sethi on 19.04.2000 as per Hindu rites and ceremonies and at the DBA-2004 (O&M) ( 1 ) IN THE HIGH COURT FOR THE STATES AT CHANDIGARH CRA Date of Decision: Punjab Versus Arwan Sethi & another HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON’BLE MR. JUSTICE JASJIT SINGH BEDI Mr. Sidharth Attri, AAG, Punjab. Mr. J.S.Mehndiratta, Advocate as Amicus Curiae with Mr. Inderpreet Singh Brar, Advocate, for the respondents. GURVINDER SINGH GILL, J. The appellant/State of Punjab assails judgment dated the Additional Sessions Judge (Ad hoc), whereby both the respondents namely Arwan Sethi and Kamla acquitted of the charges framed against them for offence 307, 406, 498-A IPC. The matter arises out of FIR No.14 dated 23.02.2001 registered at Police Station Division No.4, under Sections 307, 406, 498 pursuant to a written complaint (Ex.PA) moved by the Senior Superintendent of Police, Ludhiana (Ex.PA), Kiran stated that her marriage was solemnized with Arwan Sethi on 19.04.2000 as per Hindu rites and ceremonies and at the FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH CRA-D-347-DBA-2004 (O&M) ate of Decision: 18.07.2025 ……Appellant …...Respondents HON'BLE MR. JUSTICE GURVINDER SINGH GILL JASJIT SINGH BEDI Mr. Sidharth Attri, AAG, Punjab. J.S.Mehndiratta, Advocate as Amicus Curiae with Mr. Inderpreet Singh Brar, Advocate, for the respondents. The appellant/State of Punjab assails judgment dated 16.07.2003 passed by , Fast Track Court, Ludhiana, Arwan Sethi and Kamla have been acquitted of the charges framed against them for offences under Sections 14 dated 23.02.2001 registered at Police Station Division No.4, under Sections 307, 406, 498-A IPC lodged moved by Kiran (complainant) to the Senior Superintendent of Police, Ludhiana on 03.01.2001. In her (Ex.PA), Kiran stated that her marriage was solemnized with Arwan Sethi on 19.04.2000 as per Hindu rites and ceremonies and at the passed by , have been s 14 dated 23.02.2001 registered at Police A IPC lodged Kiran (complainant) to In her (Ex.PA), Kiran stated that her marriage was solemnized with Arwan Sethi on 19.04.2000 as per Hindu rites and ceremonies and at the VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document CRA-D-347-DBA time of marriage, her father had spent more than Rs.4,00,000/ giving other dowry articles. with Arwan Sethi husband Arwan Sethi, father law Kamla on the pretext of having brought less dowry. She alleged that sometimes her hus taunt her for not having brought sufficient dowry. She further alleged that all the accused started compelling her to bring Rs.50,000/ which he is likely to get as arrears of his pay told them that her father is not in a position to accused continued to maltreat her and that they also threatened her to kill in case their demand was not fulfilled. She further alleged that on at about 9.30 PM, while her father in-law Kamla caught hold poured kerosene oil on her body and as soon as my husband tried to set me on fire, some neighbourer gone to attend the neighbourer in the courtyard, she from there by jumping from 3. Upon conclusion of investigation, three accused and mother Ludhiana on 06.08.2001 vide commitment Ludhiana, to whom the case was entrusted DBA-2004 (O&M) ( 2 ) time of marriage, her father had spent more than Rs.4,00,000/ giving other dowry articles. She alleged that with Arwan Sethi, but after about a week, husband Arwan Sethi, father-in-law Kewal Krishan Sethi and mother law Kamla on the pretext of having brought less dowry. She alleged that sometimes her husband used to beat her and that taunt her for not having brought sufficient dowry. She further alleged that all the accused started compelling her to bring Rs.50,000/ is likely to get as arrears of his pay told them that her father is not in a position to accused continued to maltreat her and that they also threatened her to kill in case their demand was not fulfilled. She further alleged that on at about 9.30 PM, while her father-in-law Kewal Kishan Sethi and mother law Kamla caught hold of her from her arms, her husband poured kerosene oil on her body and as soon as my husband tried to set me on fire, some neighbourer called at the residence and when all of them had gone to attend the neighbourer in the courtyard, she by jumping from a window and ran towards her father’s house Upon conclusion of investigation, challan was presented ag three accused i.e. husband Arwan Sethi, father mother-in-law Kamla in the Court of Ludhiana on 06.08.2001, who committed the case to the Court of Sessions commitment order of even date. Learned Additional Sessions Judge, to whom the case was entrusted time of marriage, her father had spent more than Rs.4,00,000/- apart from She alleged that thereafter she started residing , but after about a week, she was maltreated by her law Kewal Krishan Sethi and mother-in- law Kamla on the pretext of having brought less dowry. She alleged that band used to beat her and that all the accused used to taunt her for not having brought sufficient dowry. She further alleged that all the accused started compelling her to bring Rs.50,000/- from her father, is likely to get as arrears of his pay. She alleged that when she told them that her father is not in a position to fulfill their demand, all the accused continued to maltreat her and that they also threatened her to kill in case their demand was not fulfilled. She further alleged that on 19.12.2000 law Kewal Kishan Sethi and mother- her from her arms, her husband Arwan Sethi poured kerosene oil on her body and as soon as my husband tried to set me lled at the residence and when all of them had gone to attend the neighbourer in the courtyard, she managed to escape and ran towards her father’s house. challan was presented against all the father-in-law Kewal Krishan Sethi in the Court of Judicial Magistrate Ist Class, the case to the Court of Sessions Learned Additional Sessions Judge, to whom the case was entrusted framed charges for offences apart from reafter she started residing she was maltreated by her - law Kamla on the pretext of having brought less dowry. She alleged that all the accused used to taunt her for not having brought sufficient dowry. She further alleged that from her father, She alleged that when she , all the accused continued to maltreat her and that they also threatened her to kill in 19.12.2000 - Arwan Sethi poured kerosene oil on her body and as soon as my husband tried to set me lled at the residence and when all of them had escape all the Kewal Krishan Sethi Judicial Magistrate Ist Class, the case to the Court of Sessions Learned Additional Sessions Judge, s VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document CRA-D-347-DBA under Section to which accused pleaded not guilty and claimed trial 4. The prosecution in order to establish its case examined as many as The gist of their testimonies is PW-1 Kiran (complainant) by her in complaint (Ex.PA) lodged the window Rakesh, who were standing near the outer door of the house, saw her and took her to her pa drenched with kerosene oil at that time. recovery memo Ex.PB vide which dowry articles were taken into possession by the police. PW-2 Rajiv Kumar stated that alongwith Rakesh had gone to the house of Kiran, they noticed that Kiran was drenched with kerosene oil. He stated that nobody poured kerosene oil upon Kiran in his presence. He further stated that though Arwan Sethi he (Arwan Sethi) Kiran outside and thereafter took her to her parental house. PW-3 DSP Gurmail Singh (Ex.PA) made by PW-4 SI Kulwant Singh conducted by him in the matter. PW-5 Babu Ram marriage of his eldest daughter Kiran Sethi on amount of Rs.4 lakhs. dowry articles at that time DBA-2004 (O&M) ( 3 ) under Sections 406, 498-A, 307 IPC against to which accused pleaded not guilty and claimed trial The prosecution in order to establish its case examined as many as The gist of their testimonies is being briefly referred to herein Kiran (complainant) apart from reiterating by her in complaint (Ex.PA) on the basis of which FIR came to be lodged, stated that when she managed to the window, Rajiv (son of his father’s elder brother) and his friend Rakesh, who were standing near the outer door of the house, saw her and took her to her parental house and that she was fully drenched with kerosene oil at that time. recovery memo Ex.PB vide which dowry articles were taken into possession by the police. Rajiv Kumar stated that on 19.12.2000 at about 9.30 PM, when he alongwith Rakesh had gone to the house of Kiran, they noticed that Kiran was drenched with kerosene oil. He stated that nobody poured kerosene oil upon Kiran in his presence. He further stated that though Arwan Sethi lighted a match stick, but he (Arwan Sethi) put it off. He further stated that they called Kiran outside and thereafter took her to her parental house. DSP Gurmail Singh, who had conducted enquiry on the complaint (Ex.PA) made by Kiran, proved his report as Ex.PC. SI Kulwant Singh stated in detail with regard to the investigation conducted by him in the matter. Babu Ram, father of Kiran (victim/complaina marriage of his eldest daughter Kiran Sethi on 19.04.2000 at Ludhiana and at that time, he had spent an amount of Rs.4 lakhs. He stated that he had given sufficient dowry articles at that time. He further stated that the dowry against all the accused on 28.08.2001 to which accused pleaded not guilty and claimed trial. The prosecution in order to establish its case examined as many as 12 PWs. being briefly referred to herein under:- apart from reiterating the version as put-forth the basis of which FIR came to be managed to escape by jumping from , Rajiv (son of his father’s elder brother) and his friend Rakesh, who were standing near the outer door of the house, saw rental house and that she was fully drenched with kerosene oil at that time. She also proved the recovery memo Ex.PB vide which dowry articles were taken into 19.12.2000 at about 9.30 PM, when he alongwith Rakesh had gone to the house of Kiran, they noticed that Kiran was drenched with kerosene oil. He stated that nobody poured kerosene oil upon Kiran in his presence. He further stated lighted a match stick, but on their arrival put it off. He further stated that they called Kiran outside and thereafter took her to her parental house. conducted enquiry on the complaint his report as Ex.PC. stated in detail with regard to the investigation , father of Kiran (victim/complainant), stated that marriage of his eldest daughter Kiran was solemnized with Arwan 19.04.2000 at Ludhiana and at that time, he had spent an He stated that he had given sufficient . He further stated that the dowry 28.08.2001 . forth the basis of which FIR came to be by jumping from , Rajiv (son of his father’s elder brother) and his friend Rakesh, who were standing near the outer door of the house, saw rental house and that she was fully She also proved the recovery memo Ex.PB vide which dowry articles were taken into 19.12.2000 at about 9.30 PM, when he alongwith Rakesh had gone to the house of Kiran, they noticed that Kiran was drenched with kerosene oil. He stated that nobody poured kerosene oil upon Kiran in his presence. He further stated on their arrival put it off. He further stated that they called conducted enquiry on the complaint stated in detail with regard to the investigation stated that was solemnized with Arwan 19.04.2000 at Ludhiana and at that time, he had spent an He stated that he had given sufficient . He further stated that the dowry VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document CRA-D-347-DBA articles had been entrusted by him to that after the marriage, the accused started harassing his daughter to bring more dowry articles. He further stated that he had Rs.30,000/ stated that on 19.12.2000 at ab Rakesh and Rajiv Kumar brought her daughter to his house and at that time Kiran was drenched with kerosene oil. PW-6 Rakesh Kumar, cousin of Kiran (victim/complainant), stated that on his cousin sister at her in closed and when they peeped in the house through holes, they saw that her sister was surrounded by the accused in the verandah of the house. He further stated that when they went inside the house after pushing the door, kerosene oil and while Kewal Krishan Sethi and Kamla had ca hold of Kiran from her arms, Arwan Sethi had ignited the match stick and was going to set her on fire stopped to do so PW-7 Vipan Chopra stated with regard to sale of cooler and almirah to Babu Ram and Om Parkash and prove PW-8 Mukesh Kumar stated that he is doing the business under the name and style M/s Fancy Handloom Emporium, Partap Bazar, Ludhiana and proved the bill Ex.PW sale of beedings PW-9 Jagjit Appliances, Sham Singh Road, Ludhiana and proved Ex.PW9/A vide which one juicer mixer grinder has been sold to one Dalip Kumar. PW-10 Mangat Rai Sons and proved cash memo Ex.PW iron boxes. DBA-2004 (O&M) ( 4 ) articles had been entrusted by him to that after the marriage, the accused started harassing his daughter to bring more dowry articles. He further stated that he had Rs.30,000/- to Arwan Sethi and his father on two occasions. stated that on 19.12.2000 at about 9.30 PM, his nephew namely Rakesh and Rajiv Kumar brought her daughter to his house and at that time Kiran was drenched with kerosene oil. Rakesh Kumar, cousin of Kiran (victim/complainant), stated that on 19.10.2000, when he alongwith his friend his cousin sister at her in-laws house, the door of the house was closed and when they peeped in the house through holes, they saw that her sister was surrounded by the accused in the verandah of the house. He further stated that when they went inside the house after pushing the door, they found that Kiran was drenched with kerosene oil and while Kewal Krishan Sethi and Kamla had ca hold of Kiran from her arms, Arwan Sethi had ignited the match stick and was going to set her on fire stopped to do so. Vipan Chopra stated with regard to sale of cooler and almirah to Babu Ram and Om Parkash and prove Mukesh Kumar stated that he is doing the business under the name and style M/s Fancy Handloom Emporium, Partap Bazar, Ludhiana and proved the bill Ex.PW sale of beedings. Jagjit Singh stated that he is running a shop i.e. Charlie Home Appliances, Sham Singh Road, Ludhiana and proved Ex.PW9/A vide which one juicer mixer grinder has been sold to one Dalip Kumar. Mangat Rai stated that he is running a shop i.e. Charan Dass & Sons and proved cash memo Ex.PW iron boxes. articles had been entrusted by him to Kewal Krishan. He stated that after the marriage, the accused started harassing his daughter to bring more dowry articles. He further stated that he had given to Arwan Sethi and his father on two occasions. He out 9.30 PM, his nephew namely Rakesh and Rajiv Kumar brought her daughter to his house and at that time Kiran was drenched with kerosene oil. Rakesh Kumar, cousin of Kiran (victim/complainant), stated that 19.10.2000, when he alongwith his friend Rajiv had gone to see laws house, the door of the house was closed and when they peeped in the house through holes, they saw that her sister was surrounded by the accused in the verandah of the house. He further stated that when they went inside the house they found that Kiran was drenched with kerosene oil and while Kewal Krishan Sethi and Kamla had caught hold of Kiran from her arms, Arwan Sethi had ignited the match- stick and was going to set her on fire, but upon their arrival, he Vipan Chopra stated with regard to sale of cooler and almirah to Babu Ram and Om Parkash and proved the bill as Ex.PW-7/A. Mukesh Kumar stated that he is doing the business under the name and style M/s Fancy Handloom Emporium, Partap Bazar, Ludhiana and proved the bill Ex.PW-8/A issued by him regarding Singh stated that he is running a shop i.e. Charlie Home Appliances, Sham Singh Road, Ludhiana and proved the invoice Ex.PW9/A vide which one juicer mixer grinder has been sold to stated that he is running a shop i.e. Charan Dass & Sons and proved cash memo Ex.PW-10/A in respect of sale of two Kewal Krishan. He stated that after the marriage, the accused started harassing his daughter given He out 9.30 PM, his nephew namely Rakesh and Rajiv Kumar brought her daughter to his house and at Rakesh Kumar, cousin of Kiran (victim/complainant), stated that to see laws house, the door of the house was closed and when they peeped in the house through holes, they saw that her sister was surrounded by the accused in the verandah of the house. He further stated that when they went inside the house they found that Kiran was drenched with ught - , but upon their arrival, he Vipan Chopra stated with regard to sale of cooler and almirah to Mukesh Kumar stated that he is doing the business under the name and style M/s Fancy Handloom Emporium, Partap Bazar, regarding Singh stated that he is running a shop i.e. Charlie Home the invoice Ex.PW9/A vide which one juicer mixer grinder has been sold to stated that he is running a shop i.e. Charan Dass & 10/A in respect of sale of two VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document CRA-D-347-DBA PW-11 Krishan Lal stated of Babu Ram with son of Kewal Krishan on 19.04.2000. PW-12 Inderjit Furniture and that he received Rs.22,000/ furniture purchased by him in the marriage of his daughter and proved bill Ex.PW 5. Since accused Kewal Krishan Sethi died during trial were dropped accused namely Arwan Sethi and Kamla 313 Cr.P.C. the accused pleaded that they had been falsely implicated. accused, however, that earlier the complainant (Kiran) had eloped with one Mohan Singh and married him got registered a case against said Mohan Singh and that when they made verbal complaint to the father of the complainant regarding conduct of the complainant, they have been false accused, however, did not lead any evidence. 6. The trial Court its finding to the effect that the prosecution had failed to convincing evidence to prove th acquitted them vide impugned judgment dated 7. Learned State counsel that the trial Court did not appreciate the evidence brought on record in correct perspective and has given undue weightage to minor discrepancies DBA-2004 (O&M) ( 5 ) Krishan Lal stated as regards performing of marriage of daughter of Babu Ram with son of Kewal Krishan on 19.04.2000. Inderjit stated that he is running a furniture shop i.e. Vishkarma Furniture and that he received Rs.22,000/ furniture purchased by him in the marriage of his daughter and proved bill Ex.PW-12/A issued by him. ince accused Kewal Krishan Sethi died during trial dropped/abated vide order dated 05.03.2002 accused namely Arwan Sethi and Kamla w 313 Cr.P.C., wherein the entire prosecution e the accused pleaded that they had been falsely implicated. , however, took a plea that after the marriage they came to know earlier the complainant (Kiran) had eloped with one Mohan Singh and married him against the wishes of her parents got registered a case against said Mohan Singh and that when they made verbal complaint to the father of the complainant regarding conduct of the complainant, they have been false accused, however, did not lead any evidence. The trial Court, upon considering the evidence brought on record, returned its finding to the effect that the prosecution had failed to convincing evidence to prove the guilt of the accused and acquitted them vide impugned judgment dated Learned State counsel, while assailing the the trial Court did not appreciate the evidence brought on record in correct perspective and has given undue weightage to minor discrepancies as regards performing of marriage of daughter of Babu Ram with son of Kewal Krishan on 19.04.2000. stated that he is running a furniture shop i.e. Vishkarma Furniture and that he received Rs.22,000/- from Babu Ram for the furniture purchased by him in the marriage of his daughter and 12/A issued by him. ince accused Kewal Krishan Sethi died during trial, proceedings qua him 05.03.2002. Statements of two were recorded in terms of Section the entire prosecution evidence was put to them, but the accused pleaded that they had been falsely implicated. Both the after the marriage they came to know earlier the complainant (Kiran) had eloped with one Mohan Singh and against the wishes of her parents and that later on her father got registered a case against said Mohan Singh and that when they made verbal complaint to the father of the complainant regarding behaviour and conduct of the complainant, they have been falsely implicated. The accused, however, did not lead any evidence. considering the evidence brought on record, returned its finding to the effect that the prosecution had failed to lead clinching and e guilt of the accused and consequently, acquitted them vide impugned judgment dated 16.07.2003. the impugned judgment, submitted the trial Court did not appreciate the evidence brought on record in correct perspective and has given undue weightage to minor discrepancies as regards performing of marriage of daughter stated that he is running a furniture shop i.e. Vishkarma from Babu Ram for the furniture purchased by him in the marriage of his daughter and proceedings qua him two recorded in terms of Section vidence was put to them, but Both the after the marriage they came to know earlier the complainant (Kiran) had eloped with one Mohan Singh and and that later on her father got registered a case against said Mohan Singh and that when they made and The considering the evidence brought on record, returned lead clinching and , submitted the trial Court did not appreciate the evidence brought on record in correct perspective and has given undue weightage to minor discrepancies VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document CRA-D-347-DBA in the testimonies of the witnesses, which in any case would be there even in the case of most truthful witness. there was no reason to doubt the testimony of (victim/complainant) and that had she not been harassed, she would not have taken the drastic step of lodging an FIR against her husband and her in-laws. Learned luck that the victim managed to save herself failing which she would have lost her life. Learned State counsel further submitted that the prosecution has adduced ample evidence on record to show tha victim had purchased various articles from the vendors, who have duly deposed so in the witness parents of the victim had given dowry at the time of marriage of the victim and since the s they had rendered themselves liable for being punished for offence punishable under Sections 406 & 498 prayed for reversal of the impugned judgment and for convic respondents. 8. On the other hand, learned counsel representing that the case is apparently an outcome of some matrimonial discord amongst the victim and her husband and that the victim and her parents have attempted to misuse the law so as to pressurize the respondents and to teach them a lesson for allegedly having harassed the victim. Learned counsel representing the respondents further submitted that there are sharp contradictions in the testimonies of v DBA-2004 (O&M) ( 6 ) in the testimonies of the witnesses, which in any case would be there even in the case of most truthful witness. Learned State counsel submitted that there was no reason to doubt the testimony of /complainant) and that had she not been harassed, she would not have taken the drastic step of lodging an FIR against her husband and her laws. Learned State counsel submitted that it was on account of sheer luck that the victim managed to save herself failing which she would have lost her life. Learned State counsel further submitted that the prosecution has adduced ample evidence on record to show tha victim had purchased various articles from the vendors, who have duly deposed so in the witness-box and as such, it stands established that the parents of the victim had given dowry at the time of marriage of the victim and since the same had been misappropriated by the accused rendered themselves liable for being punished for offence punishable under Sections 406 & 498-A IPC. prayed for reversal of the impugned judgment and for convic respondents. On the other hand, learned counsel representing the case is apparently an outcome of some matrimonial discord amongst the victim and her husband and that the victim and her parents attempted to misuse the law so as to pressurize the respondents and to teach them a lesson for allegedly having harassed the victim. Learned representing the respondents further submitted that there are sharp contradictions in the testimonies of victim and other witnesses and there is in the testimonies of the witnesses, which in any case would be there even Learned State counsel submitted that there was no reason to doubt the testimony of PW-1 Kiran /complainant) and that had she not been harassed, she would not have taken the drastic step of lodging an FIR against her husband and her State counsel submitted that it was on account of sheer luck that the victim managed to save herself failing which she would have lost her life. Learned State counsel further submitted that the prosecution has adduced ample evidence on record to show that the parents of the victim had purchased various articles from the vendors, who have duly box and as such, it stands established that the parents of the victim had given dowry at the time of marriage of the victim ame had been misappropriated by the accused/respondents, rendered themselves liable for being punished for offence IPC. Learned State counsel, thus, prayed for reversal of the impugned judgment and for conviction of the On the other hand, learned counsel representing the respondents submitted the case is apparently an outcome of some matrimonial discord amongst the victim and her husband and that the victim and her parents attempted to misuse the law so as to pressurize the respondents and to teach them a lesson for allegedly having harassed the victim. Learned representing the respondents further submitted that there are sharp ictim and other witnesses and there is in the testimonies of the witnesses, which in any case would be there even Learned State counsel submitted that 1 Kiran /complainant) and that had she not been harassed, she would not have taken the drastic step of lodging an FIR against her husband and her State counsel submitted that it was on account of sheer luck that the victim managed to save herself failing which she would have lost her life. Learned State counsel further submitted that the prosecution t the parents of the victim had purchased various articles from the vendors, who have duly box and as such, it stands established that the parents of the victim had given dowry at the time of marriage of the victim , rendered themselves liable for being punished for offence Learned State counsel, thus, tion of the submitted the case is apparently an outcome of some matrimonial discord amongst the victim and her husband and that the victim and her parents attempted to misuse the law so as to pressurize the respondents and to teach them a lesson for allegedly having harassed the victim. Learned representing the respondents further submitted that there are sharp ictim and other witnesses and there is VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document CRA-D-347-DBA delay in lodging the FIR as well and as such, the findings of innocence of the accused, as recorded by the trial Court, do not call for any interference. 9. We have considered the rival submissions addressed before with the assistance of learned counsel have also perused the record of the case. 10. As far as the factum of household articles given by the family of the victim at the time of her marriage is concerned, we find that PW (victim/complainant) in her examination articles were entrusted to her father not say with regard to entrustment of the said articles to other accused i.e. the respondents or anything specifically r articles. Further, PW box stated that accused had been pressurizing her to bring an amount of Rs.50,000/- father PW-5 Babu Ram stated that he had paid Rs.30,000/ on two occasions Ram stated that amount of Rs.30,000 prior to marriage and that another amount of Rs.30,000/ days of marriage. (victim/complainant). As such, we find that the depositions of victim/complainant an respectively credibility. DBA-2004 (O&M) ( 7 ) lodging the FIR as well and as such, the findings of innocence of the accused, as recorded by the trial Court, do not call for any interference. We have considered the rival submissions addressed before with the assistance of learned counsel have also perused the record of the As far as the factum of household articles given by the family of the victim at the time of her marriage is concerned, we find that PW mplainant) in her examination- articles were entrusted to her father-in-law not say with regard to entrustment of the said articles to other accused i.e. the respondents or anything specifically regarding misappropriation of such articles. Further, PW-1 Kiran (victim/complainant) box stated that accused had been pressurizing her to bring an amount of - from her parents and also used to give beatings to her, but her 5 Babu Ram stated about the facts differently inasmuch as he stated that he had paid Rs.30,000/- to accused Arwan Sethi and to his father on two occasions. During the course of his Ram stated that amount of Rs.30,000/- had been paid about 15/20 days prior to marriage and that another amount of Rs.30,000/ days of marriage. The said fact is not stated by PW (victim/complainant). As such, we find that the depositions of victim/complainant and his father i.e. PW respectively are not consistent, which would raise a doubt as regards their Under these circumstances, whatever articles of household, lodging the FIR as well and as such, the findings of innocence of the accused, as recorded by the trial Court, do not call for any interference. We have considered the rival submissions addressed before this Court and with the assistance of learned counsel have also perused the record of the As far as the factum of household articles given by the family of the victim at the time of her marriage is concerned, we find that PW-1 Kiran -in-chief stated that the dowry law Kewal Krishan Sethi. She did not say with regard to entrustment of the said articles to other accused i.e. egarding misappropriation of such 1 Kiran (victim/complainant) while in the witness- box stated that accused had been pressurizing her to bring an amount of from her parents and also used to give beatings to her, but her stated about the facts differently inasmuch as he to accused Arwan Sethi and to his father his cross-examination, PW-5 Babu had been paid about 15/20 days prior to marriage and that another amount of Rs.30,000/- after about 10 The said fact is not stated by PW-1 Kiran (victim/complainant). As such, we find that the depositions of the PW-1 Kiran and PW-5 Babu Ram are not consistent, which would raise a doubt as regards their Under these circumstances, whatever articles of household, lodging the FIR as well and as such, the findings of innocence of the accused, as recorded by the trial Court, do not call for any interference. this Court and with the assistance of learned counsel have also perused the record of the As far as the factum of household articles given by the family of the victim 1 Kiran chief stated that the dowry Kewal Krishan Sethi. She did not say with regard to entrustment of the said articles to other accused i.e. egarding misappropriation of such - box stated that accused had been pressurizing her to bring an amount of from her parents and also used to give beatings to her, but her stated about the facts differently inasmuch as he to accused Arwan Sethi and to his father 5 Babu had been paid about 15/20 days after about 10 1 Kiran the 5 Babu Ram are not consistent, which would raise a doubt as regards their Under these circumstances, whatever articles of household, VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document CRA-D-347-DBA which had been given by the victim’s family to the responden in the shape of gifts etc. articles as ‘dowry’, when there is no convincing evidence regarding demand of such articles as a condition of marriage. 11. As far as the allegations pertaining to offence under Section 307 IPC are concerned, we find that while the victim/complainant in the FIR and also in the witness kerosene oil on her and that window, but PW projected as eye stating that when they entered the house of the accused, the victim was drenched with kerosen but upon seeing them he put off the match to rescue the victim. statement has not referred anywhere about the presen witnesses i.e. PW allegedly going to be set on fire 12. Still further, while the victim/complainant says that she managed to escape by jumping from the window, but cousin PW- categorically stated that there was no accused. The said statement is in sharp conflict with the statement of victim/complainant that she had jumped out from a window to save herself. DBA-2004 (O&M) ( 8 ) which had been given by the victim’s family to the responden in the shape of gifts etc. voluntarily given articles as ‘dowry’, when there is no convincing evidence regarding demand of such articles as a condition of marriage. As far as the allegations pertaining to offence under Section 307 IPC are concerned, we find that while the victim/complainant in the FIR and also in the witness-box has categorically stated that the accused had poured kerosene oil on her and that she managed to escape by jumping from the window, but PW-2 Rajiv and PW-6 Rakesh Kumar, who have been projected as eye-witnesses have come out with a different version by stating that when they entered the house of the accused, the victim was drenched with kerosene oil and that her husband but upon seeing them he put off the match- to rescue the victim. Interestingly, PW-1 Kiran (victim/complainant) in her statement has not referred anywhere about the presen witnesses i.e. PW-2 Rajiv and PW-6 Rakesh Kumar allegedly going to be set on fire. Still further, while the victim/complainant says that she managed to escape by jumping from the window, but PW-2 Rajiv Kumar, friend of victim’s -6 Rakesh Kumar, during the course of his cross categorically stated that there was no door or window in the house of the The said statement is in sharp conflict with the statement of omplainant that she had jumped out from a window to save herself. which had been given by the victim’s family to the respondents, would be voluntarily given and it is difficult to term such articles as ‘dowry’, when there is no convincing evidence regarding demand of such articles as a condition of marriage. As far as the allegations pertaining to offence under Section 307 IPC are concerned, we find that while the victim/complainant in the FIR and also in box has categorically stated that the accused had poured ged to escape by jumping from the 6 Rakesh Kumar, who have been witnesses have come out with a different version by stating that when they entered the house of the accused, the victim was e oil and that her husband ignited the match-stick, -stick and as such they were able 1 Kiran (victim/complainant) in her statement has not referred anywhere about the presence of the aforesaid 6 Rakesh Kumar, when she was Still further, while the victim/complainant says that she managed to escape Rajiv Kumar, friend of victim’s during the course of his cross-examination, door or window in the house of the The said statement is in sharp conflict with the statement of omplainant that she had jumped out from a window to save herself. would be and it is difficult to term such articles as ‘dowry’, when there is no convincing evidence regarding As far as the allegations pertaining to offence under Section 307 IPC are concerned, we find that while the victim/complainant in the FIR and also in box has categorically stated that the accused had poured ged to escape by jumping from the 6 Rakesh Kumar, who have been witnesses have come out with a different version by stating that when they entered the house of the accused, the victim was , stick and as such they were able 1 Kiran (victim/complainant) in her ce of the aforesaid , when she was Still further, while the victim/complainant says that she managed to escape Rajiv Kumar, friend of victim’s examination, door or window in the house of the The said statement is in sharp conflict with the statement of omplainant that she had jumped out from a window to save herself. VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document CRA-D-347-DBA The aforesaid inconsistencies are too conspicuous to be overlooked and clearly show that the witnesses have not stated truthfully. 13. Further, we also the occurrence according to PW place on 19.12.2000, but the the police only on victim/complainant claims that Sethi on 19.04.2000 and maltreated by her husband Arwan and mother- sometimes had been given beatings by her husband, unexplained that as to why she never chose to report the matter to the police. 14. In view of discussion made above, with the findings of the trial as regards acquittal of the respondents and the same are hereby affirmed. 15. Finding no merit in the instant appeal, the same is hereby dismissed. 18.07.2025 Vimal DBA-2004 (O&M) ( 9 ) The aforesaid inconsistencies are too conspicuous to be overlooked and clearly show that the witnesses have not stated truthfully. Further, we also find that there is gross delay in l the occurrence according to PW-1 Kiran (victim/complainant) had taken place on 19.12.2000, but the complaint (Ex.PA) the police only on 03.01.2001 i.e. after about 15 days victim/complainant claims that her marriage was solemnized with Arwan 19.04.2000 and after about a week of maltreated by her husband Arwan Sethi, father -in-law Kamla on the pretext of having brought less dowry and sometimes had been given beatings by her husband, unexplained that as to why she never chose to report the matter to the In view of discussion made above, we do not find any ground to with the findings of the trial as regards acquittal of the respondents and the same are hereby affirmed. Finding no merit in the instant appeal, the same is hereby dismissed. (GURVINDER SINGH GILL Whether speaking/reasoned: Whether reportable: The aforesaid inconsistencies are too conspicuous to be overlooked and clearly show that the witnesses have not stated truthfully. find that there is gross delay in lodging of FIR inasmuch as 1 Kiran (victim/complainant) had taken (Ex.PA) had been moved by her to 03.01.2001 i.e. after about 15 days. Although the her marriage was solemnized with Arwan after about a week of said marriage, she had been , father-in-law Kewal Kishan Sethi the pretext of having brought less dowry and sometimes had been given beatings by her husband, but it remained unexplained that as to why she never chose to report the matter to the we do not find any ground to interfere with the findings of the trial as regards acquittal of the respondents and the Finding no merit in the instant appeal, the same is hereby dismissed. GURVINDER SINGH GILL) JUDGE (JASJIT SINGH BEDI) JUDGE Yes/No Yes/No The aforesaid inconsistencies are too conspicuous to be overlooked and odging of FIR inasmuch as 1 Kiran (victim/complainant) had taken been moved by her to Although the her marriage was solemnized with Arwan marriage, she had been law Kewal Kishan Sethi the pretext of having brought less dowry and but it remained unexplained that as to why she never chose to report the matter to the interfere with the findings of the trial as regards acquittal of the respondents and the VIMAL KUMAR 2025.07.21 17:06 I attest to the accuracy and integrity of this document