IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr.A. No. 90 of 1997. Decided on: 31.5.2010. ___________________________________________________________ State of H.P. … Appellant. Versus Mohinder Singh and another. … Respondents. ___________________________________________________________ Coram: Hon’ble Mr. Justice R.B. Misra, Judge. Hon’ble Mr. Justice V.K. Sharma, Judge. Whether approved for reporting?1 For the appellant : Mr. Rajinder Dogra, Addl. A.G. and Mr. Vikas Rathore, Dy. Advocate General. For the respondents : Mr. Praneet Gupta, Advocate. ___________________________________________________________ R.B. Misra, J. (Oral). The present criminal appeal has arisen after leave to appeal has been granted, under Section 378 (3) Cr.P.C., in reference to the impugned judgment, dated 20.11.1996, passed by the learned Additional Sessions Judge, Solan, HP, in Sessions Trial No. 13-S/7 of 1995, acquitting the respondents-accused for the alleged offence, under Sections 306 read with Section 34 IPC. 2. Prosecution case is that PW-2 Smt. Mohinder Kaur, complainant, the mother of deceased Kulwant Kaur, made a complaint Ext.PW-2/A, under Section 154 Cr.P.C., which was recorded by PW-9 Basher Singh of Police Station, Solan that Kulwant Kaur was youngest daughter of PW-2, who was married to Shri Sanjay Shukla of Kanpur, who expired in the year 1990 and out of the wedlock, one son Pankaj and one daughter were born. After death of Shri Sanjay Shukla, deceased Kulwant Kaur started 1 Whether reporters of the local papers may be allowed to see the judgment? 2 living with her mother and she had purchased one Swaraj Mazda truck bearing No. HP-07-855 and accused Mohinder Singh was engaged as a Driver by her. According to PW-2 four months prior to the death of Kulwant Kaur, she left her house and settled at the house of accused Mohinder Singh. Kulwant Kaur gave her vehicle to one Ram Krishan of Basal and on account of this an altercation took place between Kulwant Kaur and Mohinder Singh accused as a result of which Kulwant Kaur consumed poisonous substance and committed suicide. 3. In reference to the complaint, case under Section 306 read with Section 34 IPC was sent to Police Station and accordingly FIR No. 72/94 was registered on 19.5.1994, vide Ext. PW-9/A. Case was committed to the Court of Sessions for trial. 4. In order to prove its case, the prosecution examined as many as 9 witnesses, namely Dr. M.M. Bhalla (PW-1), who on the application of police examined deceased Kulwant Kaur on 18.4.1994 at 3.30 p.m. and issued MLC Ext. PW-1/B, Mohinder Kaur (PW-2), mother of deceased, Punam Shukla (PW-3) daughter of deceased Kulwant Kaur, Dr. R.K. Verma (PW-4), who conducted post-mortem on the dead body of Kulwant Kaur, Jeet Ram (PW-5), who remained associated in investigation and in his presence one bottle and one glass were taken into possession, vide memo Ext. PW-5/C, Biru Ahmad (PW-6), who got conducted post mortem examination on the dead body of deceased, Ram Krishan (PW-7) is an eye witness according to prosecution, Dhani Devi (PW-9), who made an application, Ext. PW-1/A to M.O. Solan for medical examination of deceased Kulwant Kaur and Basher Singh (PW-10) is Investigating Officer. 3 5. Besides oral evidence, the prosecution placed on record, Ext. PW-1/A application moved by PW-8 Dhanni Devi for medical examination of deceased, Ext. PW-1/B MLC of deceased issued by Dr. M.M. Bhalla (PW-1), Ext. PW-2/A statement of Mohinder Kaur (PW-2) recorded under Section 154 Cr.P.C., Ext. PW-2/B receipt through which dead body of Kulwant Kaur after post mortem was handed over to Mohinder Kaur (PW-2), Ext. PW-4/A post mortem report, Ext. PW-5/A is seizure memo through which one glass and one bottle of Nuvan were taken into possession from the house of Mohinder Singh accused where deceased allegedly consumed poison, Ext. PW-9/A FIR No. 72/94, Ext. PW-9/B site plan prepared on the spot by the I.O., Ext. PW-9/C inquest report prepared by Biru Ahmad and Ext. PA report of Central Forensic Science Laboratory. 7. In defence the accused in their statement under Section 313 Cr.P.C. have denied the prosecution version and had shown their ignorance. 8. Prosecution in order to prove its case has mainly relied upon the prosecution witnesses, that is, PW-2 Mohinder Kaur, PW-3 Punam Shukla and PW-7 Ram Krishan. Apart from these witnesses, the prosecution has heavily relied upon PW-1 Dr. M.M. Bhalla, PW-4 Dr. R.K. Verma and PW-5 Jeet Ram. From the testimony of PW-1 Dr. M.M. Bhalla, who examined the victim, Kulwant Kaur on 18.5.1994, it has been very categorically indicated that there were no injury marks on her person. PW-2 Mohinder Kaur while deposing in favour of the prosecution has stated that 4 about two years before the death of Kulwant Kaur, the victim had employed Mohinder Singh as a Driver of truck. Thereafter, victim started living with Mohinder Singh, Driver. However, during her life time, PW-2 never visited the house of Kulwant Kaur at village Bhoj, where she used to reside with accused Mohinder Singh. PW-2 Mohinder Kaur has specifically indicated that she had information that Mohinder Singh made her to drink liquor and 6-7 persons used to guard her so that she may not leave the house of accused Mohinder Singh. According to PW-2, Mohinder Singh used to maltreat the victim as the accused usurped entire profit derived from the truck. In her cross-examination, PW-2 has deposed that marriage of Kulwant Kaur was arranged and Sanjay Shukla was having landed property in Krishna Nagar in New Delhi. In cross- examination, PW-2 has admitted that she had filed a civil suit against the victim, that is, her daughter, Kulwant Kaur regarding obtaining custody of PW-3 Punam Shukla and PW-2 has averred in her civil suit as well as in the petition that her daughter Kulwant Kaur was addicted to wine and she was not maintaining her property properly. PW-2 has categorically admitted in cross- examination that she was not in talking terms with her daughter Kulwant Kaur (deceased), who was living separately. From the testimony of PW-2, nothing emerges that victim Kulwant Kaur was ever beaten by the accused in her presence. 9. PW-3 Punam Shukla had deposed that when Sanjay Shukla, her father expired, she was of the age of 12 years. Thereafter, she started living at Solan with her mother. She knew Mohinder Singh and Prem Chand. Before the death of her mother, the victim, namely Kulwant Kaur started living with Mohinder Singh 5 and PW-3 was also residing with them and accused used to demand money from her mother and Mohinder Singh and Prem Chand used to beat her. PW-3 in her testimony in cross- examination has categorically admitted that her maternal grand mother, PW-2 Mohinder Kaur, had filed a civil suit and at the time of hearing, PW-3 had been accompanying her mother Kulwant Kaur deceased. PW-3, however, in her testimony in cross-examination has categorically indicated that her mother, the deceased never reported the matter to the police or Gram Panchayat regarding beatings given to her by the accused. 10. PW-4 Dr. R.K. Verma, who conducted post mortem of the dead body of Kulwant Kaur deceased on 19.5.1994 has indicated that except one small wound on the left wrist, size about pin-head, no other injury was present on her body and no mark of ligature was present on her neck. 11. PW-5 Jeet Ram, Up-Pradhan of Gram Panchayat Top-ki-Ber from 1992 to December 1994 said to be associated in investigation of the case has stated that he visited the house of accused and in his presence one empty glass and empty bottle were taken into possession by the police, vide seizure memo Ext. PW-5/A, which were sealed with seal impression ‘N’. In cross- examination, he said that the accused were next door neighbours and PW-5 knew that deceased Kulwant Kaur was residing in the house of Mohinder Singh and PW-5 was in visiting terms with the accused. Kulwant Kaur deceased had hired rented accommodation in the building of accused. Kulwant Kaur was never maltreated by the accused in presence of PW-5 nor did the victim made any complaint to PW-5 about the beatings given by the accused. PW-5 6 has categorically stated in his cross-examination that Kulwant Kaur deceased was addicted to wine and she used to consume liquor even during day time. 12. PW-7 Ram Krishan said to be Pradhan of Gram Panchayat, Basal knew Kulwant Kaur, who had given Mazda truck No. HP-07-855 on contract to Rajneesh. After some time the vehicle was given to Mohinder Singh on contract. PW-7 came to know after some time that Kulwant Kaur had married to Mohinder Singh a resident of Bhoj. PW-7 has also stated that dispute arose between Mohinder Singh and Kulwant Kaur on account of beatings given by Mohinder Singh to the deceased and Mohinder Singh has snatched Rs. 2000/- from her. Thereafter, said truck was given to PW-7 Ram Krishan for plying purpose. When the vehicle was given to PW-7, Mohinder Singh was the driver of the same and PW-7 has stated that on 1.5.1994, deceased Kulwant Kaur met him in court premises and Kulwant Kaur was walking with limb as she was severely beaten. Kulwant Kaur told him that she was beaten up by the accused and they snatched Rs. 2000/- from her. PW-7 in his testimony in cross-examination has very categorically indicated that PW-7 never visited the house of accused person and in his presence Kulwant Kaur was never beaten by the accused. 13. All other prosecution witnesses have deposed in their usual version and nothing substantial could be derived from them in support of the prosecution case except that PW-2 Mohinder Kaur, the mother of Kulwant Kaur, the deceased had categorically accepted that she has never visited the house of victim during the period when she was residing with Mohinder Singh accused. Nothing has come out from the testimony of PW-2 that she has 7 ever seen giving beatings to her daughter as no report of beatings or maltreatment was ever reported to the police or Gram Panchayat as has been divulged by PW-3 Punam Shukla. From the testimony of PW-2 and PW-3, it is clear that dispute had arisen and litigation was going on between PW-2 and the deceased and PW-2 was not in talking terms with the deceased though related as mother and daughter. Though as per testimony of PW-3 Punam Shukla that her mother, the deceased was beaten on her refusal of paying money to Mohinder Singh but such beatings had not been proved by the prosecution to be a cause of abetment or any instigating factor or cause to commit suicide. 14. PW-7 Ram Krishan, who has stated in support of the prosecution cannot be said to be an interested party as at one point of time Mazda truck No. HP-07-855 of deceased Kulwant Kaur was given on contract basis to PW-7 in which Mohinder Singh accused was engaged as a driver. However, PW-2 never visited the house of accused persons and had very categorically stated in cross- examination that Kulwant Kaur was never beaten up by the accused in presence of PW-2. On analysis of prosecution evidence, no witness has claimed that victim had even been beaten up in their presence and beatings, harassment and maltreatment was the cause for instigation and abetment of suicide by the victim. PW-2 being the mother was not in talking terms and had indulged in litigation in reference to PW-3 Punam Shukla. 15. After analysis of prosecution witnesses and material on record, we find that no injury mark was noticed on the person of the victim, as such, testimony of PW-7 Ram Krishan too cannot be believed. None of the prosecution witnesses, except PW-3 have 8 ever visited the house of accused and there was no occasion for them to observe the beatings or harassment given by the accused to the deceased. 16. In our considered view, the prosecution has miserably failed to prove its case beyond any reasonable doubt. We do not find any merit in the criminal appeal and the same is dismissed. (R.B. Misra) Judge. (V.K. Sharma) Judge. May 31, 2010. (cr)