IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No.: 748/1996 Reserved on: 25.5.2010 Decided on:14.6. 2010 _____________________________________________ State of Himachal Pradesh. …Appellant. Versus Shakuntla Devi and another …Respondents. _______________________________________________________ Coram: Hon’ble Mr. Justice Deepak Gupta, Judge. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes. For the Appellant: Mr. Vivek Singh Thakur, Addl. Advocate General For the Respondents: Mr. Himmat Negi, Advocate vice Mr. Ajay Sharma, Advocate. ____________________________________________________ Per Rajiv Sharma, J. By way of this appeal, the State is seeking reversal of the judgment dated 18.7.1996 of the learned Additional Sessions Judge (I), Kangra at Dharamshala rendered in Sessions Trial No.7/94 of 1993, whereby respondents, who were charged with and tried for offences punishable under sections 306 and 498-A of the Indian Penal Code, have been acquitted. 1 Whether reporters of the local papers may be allowed to see the judgment? Yes. 2 2. Case of the prosecution, in a nutshell, is that deceased Anjana Kumari daughter of Sita Ram (PW-2) was married to Joginder Singh in December, 1990. Accused Shakuntla Devi is the mother of Joginder Singh. Nirmala Devi is her sister. Kishan Chand is the father of Joginder Singh. Joginder Singh was serving in the Indian Army. Anjana Kumari used to visit house of PW-2 after marriage during the intervals of one/two months. She came to the house of Sita Ram with her husband after four months of the marriage. She complained to her father that the accused used to maltreat and harass her by giving beatings. Accused used to taunt her that she was not a fit match being illiterate. She was abused and thrown out of her matrimonial house. Accused also used to tell that they want to perform second marriage of Joginder Singh. She started living separately. The deceased used to tell PW-5 Santosh Kumari about the maltreatment. Joginder Singh used to send money and letters to deceased Anjana Kumari through PW-7 Surinder Kumar. On 7.3.1993, at about 5.30 A.M., information was received through Sanjiv Kumar that Anjana Kumari has consumed some medicine. The mother of PW-6 Narinder Kumar went to the house of deceased. The deceased was taken to hospital by PW-6. Anjana Kumari died on 8.3.1993. PW-2 Sita Ram received information about the death of her daughter Anjana Kumari through constable. He rushed to 3 Gagret Hospital alongwith some other persons. The dead body of the deceased was removed to Una Hospital for postmortem examination. The persons, who were present, found some injuries on the person of deceased Anjana Kumari and writing in respect of the injuries was made vide Ex.PA. The information was also sent to the police from the hospital. Entry in Rojnamcha vide Ex.PW-14/A was recorded and inquest report was prepared. FIR was registered vide Ex.PB. The postmortem of the dead body was conducted by PW-13 Krishan Chand. The viscera was also sent for chemical examination. The report of the Chemical Examiner is Ex.PM. The matter was investigated by the police and the challan was put up in the Court after completing codal formalities, under section 207 of the Code of Criminal Procedure. 3. Prosecution examined as many as fourteen witnesses in support of its case. Accused were examined under section 313 of the Code of Criminal Procedure. Their defence was of simpliciter denial. The trial court acquitted the respondents-accused. Hence, this appeal by the State. 4. Mr. Vivek Singh Thakur, learned Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents- accused. 4 5. Mr. Himmat Negi has supported the judgment of the learned trial court. 6. We have heard the learned counsel for the parties and perused the record carefully. 7. PW-1 Dr. Y.P. Sharma has examined Anjana Kumari on 7.3.1993 at Primary Health Unit, Gagret. She was brought with suspected consumption of poison. He brought this fact to the notice of the police telephonically. Police visited the hospital, however, Anjana Kumari had already died by that time. The dead body was taken by the police for postmortem examination. Anjana Kumari was in precarious condition when she was brought to the hospital. He did not examine her for medico legal purposes. She was given emergency treatment. According to him, she was unable to speak when she was brought to the hospital and during the time she remained alive. 8. PW-2 Sita Ram is father of deceased Anjana Kumari. He has deposed that his daughter was married to Joginder Singh in December, 1990. He stated that deceased used to often visit his house after her marriage during the intervals of about one/two months. After about four months after the marriage with Joginder Singh, she had come to his house. She complained that three accused used to harass and maltreat her by giving beatings to her and she told that she was not a fit match for Joginder Singh as she was 5 illiterate. He further stated that deceased was living jointly with her in-laws. He was informed by the constable on 8.3.1993 about the death of the deceased. He immediately rushed to the hospital. He was accompanied by Pradhan Bishan Dass. According to him, in the hospital they saw the dead body of the deceased and found contusion marks (blue coloured marks) around the neck of the deceased. Writing Ex.PA was prepared regarding the injuries present on her person. Ex.PA was signed by him. He lodged FIR Ex.PB. In his cross-examination, he has admitted that after the postmortem was conducted, the dead body of the deceased was taken to the village of her in-laws, i.e. village Ambota. She was cremated on the next day. He further admitted that the deceased had not written any letter from her matrimonial house. He did not lodge any complaint with the police regarding maltreatment and harassment of the deceased by the accused and Smt. Kamlesh. 9. PW-3 is Bachittar Singh. He is real brother of PW-2. He stated that after the marriage, the deceased used to visit the house of her parents and used to tell that all the accused and Smt. Kamlesh used to harass her. She used to complain that accused and Smt. Kamlesh used to harass her for bringing insufficient dowry. They used to proclaim that they would arrange second marriage of Joginder Singh. In his cross-examination, he admitted that the matter was not 6 brought to the notice of the police about the maltreatment of the deceased by the accused. He has admitted in his cross- examination that husband of the deceased used to send her money separately for her expenses and the deceased used to live separately in a room of her matrimonial house. Their mess was joint. 10. PW-4 is Bishan Dass. He was Pradhan, Gram Panchayat, Dhar. PW-2 had informed him on 8.3.1993 that he has received information that his daughter Anjana Kumari has either been murdered by her in-laws or she has died. PW-2 requested PW-4 Bishan Dass to accompany him to Gagret. He accompanied him to Gagret. When the dead body had reached outside the hospital at Una, they examined the same carefully and found that there were marks of scratches on the neck of the deceased besides a big black spot on one side of her neck behind the ear. He had told the Doctor, who conducted the postmortem examination on the dead body of the deceased about the injuries as mentioned in Ex.PA. He has prepared Ex.PA. He has admitted in his cross-examination that PW-2 Sita Ram had never made any complaint about the alleged harassment and maltreatment of the deceased at the hands of her in- laws. On suggestion by the defence, he has admitted that it was revealed to him at village Ambota that the deceased was living separately from her in laws in the same village. 7 11. PW-5 is Smt. Santosh Kumari. She alongwith her brother Bidhi Chand was mediator in the marriage between the deceased and Joginder Singh. She stated that right from the first day of the marriage of deceased; her in- laws started grumbling that she was not a suitable match for Joginder Singh. They also proclaimed that they would go for second marriage of Joginder Singh. The deceased started living separately from her in-laws. 12. PW-6 is Narinder Kumar. He deposed that on 7.3.1993 at about 5.30 P.M., he was present in his house. In the meantime, Sanjiv Kumar came to him. He told him that Anjana Kumari has consumed some medicine and that he should go with him and see as to what has been consumed by her. He immediately went to the house of accused alongwith Sanjiv Kumar. 13. PW-7 is Surinder Kumar. He is God-brother of Joginder Singh, husband of the deceased. He has admitted that after one year, when new house was constructed by her husband, Anjana Kumari started living separately from other members of the family of her in-laws. The husband of the deceased used to send money and letters to her through him. The deceased used to complain about the misbehaviour by the accused towards her. In his cross-examination, he has categorically admitted that married life of deceased with 8 her husband was happy. The deceased used to reside separately and also used to cook her own food. 14. PW-10 is Kashmir Singh. He is Lambardar of Ambota since 1970. He was associated with the investigation of the case by the police. One steel glass was taken into possession by the police in his presence vide memo Ex.PK. He has signed this memo. He has admitted that the deceased used to live separately from other members of her in-laws. 15. PW-13 Dr. P.K. Thakur has conducted the post- mortem of deceased Anjana Kumari and issued postmortem report Ex.PW-13/A. According to him, cause of death was peripheral circulatory failure resulting from phosphate poisoning. He has given his opinion after perusing the report of the Forensic Science Laboratory. He has not found any ligature mark on the person of the deceased. 16. PW-14 Krishan Chand was the Investigating Officer. 17. PW-2 Sita Ram has deposed that he has never lodged any complaint with the police regarding the maltreatment and harassment meted out by the accused to the deceased. He has also admitted that deceased never wrote any letter to them from her matrimonial house. PW-2 has deposed that deceased was living jointly with her in- laws. However, PW-3 Bachittar Singh has admitted in his 9 cross-examination that deceased used to live in a separate room in the house of her in laws. PW-4 Bishan Dass, Pradhan, Gram Panchayat, Dhar has also admitted that he was informed at Ambota that deceased was living separately from her in laws. PW-5 Santosh Kumari has also admitted that deceased was living separately from her in laws. PW-7 Surinder Kumar has admitted that married life of deceased was happy. The deceased used to live separately in a room of her matrimonial house and also cook her own food. A new house was constructed by her husband and she started living separately from the members of family of her in-laws. There is sufficient material on record that Joginder Singh used to send money to the deceased. There are no specific instances of harassment of the deceased by the accused. The only allegation against the accused is that they used to proclaim that deceased was not a fit match for Joginder Singh as she was illiterate. This cannot be termed as cruelty. PW-2 father of the deceased has admitted that deceased has never written any letter to them from her matrimonial home. PW-3 is the only witness who talks about the harassment of the deceased for having brought insufficient dowry. None of the witnesses, including father of the deceased PW-2 has corroborated this statement. PW-3 has deposed that there were signs of injuries on the neck of the deceased, however, the doctor who has conducted post- 10 mortem examination has not noticed any injury marks on the person of the deceased. He has given his opinion Ex.PW- 13/A after receiving the report of the Chemical Examiner. In view of this, no credence can be given to Ex.PA. Since the deceased was living separately, there was no occasion for the accused to maltreat her. She was sent money by her husband, Joginder Singh, through PW-7 Surinder Kumar. There are no specific allegations, as noticed above, of cruelty except that accused used to proclaim that deceased was not suitable match for Joginder Singh and they would go for second marriage of Joginder Singh. 18. In view of the aforesaid discussion, we find no merit in the appeal and the same is dismissed. Bail bonds furnished by the accused-respondents are ordered to be discharged. (Deepak Gupta), J. (Rajiv Sharma), J. 14.6. 2010 *awasthi*