1 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 552 of 2000 Decided on September 28, 2010 __________________________________________________________ State of H.P. …Appellant. Versus Karam Chand & Others ...Respondents. Coram The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge. ¹Whether approved for reporting? For the appellant: Mr. R.K. Sharma, Senior Additional Advocate General, with Mr.Rajinder Dogra, Additional Advocate General. For the respondents: Mr. Ajay Sharma, Advocate. Justice R.B. Misra,J. (Oral) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to judgment dated 1.3.1999, passed by Learned Sessions Judge, Una, H.P., in Sessions Case No. 32 of 1998 under Sections 306, 498-A and 341 of the Indian Penal Code, acquitting the alleged accused/respondents. 2. The prosecution case is that Smt.Sharmila Devi (victim / deceased) daughter of Rattan Chand (PW.2), resident of Village Dumkhar, was married with accused-respondent Karam Chand on 29.4.1994 and was committed suicide on 9.5.1995 at her parents house by taking poison. After taking poison she 2 became unconscious and taken to District Hospital, Una., where first aid was given to her. The matter was reported to the police and statement of the victim / deceased was recorded. On the basis of her statement FIR No. 47/1995 was registered at Police Station, Bangwana. In view of the statement of victim / deceased, she was not happy at the house of her husband and she was used to visit her parents' house. The victim / deceased has further made a complaint that her mother-in-law was cursing her for bringing inadequate dowry. The victim / deceased had come to reside with her parents about 4 or 5 months back preceding to her after being harassed by the accused persons, however, the matter was inquired into and the accused persons were charged for the aforesaid offences and the case was committed to Sessions Court. 3. In order to prove its case, the prosecution has examined as many as 13 prosecution witnesses, whereas, the accused through their statement under Section 313 of Cr.P.C., have denied the prosecution case. 4. The victim / deceased was medically examined by Dr. Sharda Sharma (PW.5), who had indicated that the victim / deceased was brought under unconscious position and her body had already become cold. However, PW.5 did not at all suspect that she had taken poison, however, Dr.Sharda Sharma (PW.5) sealed the lavage of the victim / deceased and sent to the chemical examiner, which was deposited with Kamal Chand (PW.6) and he subsequently handed over the same to Dharam Chand (PW.10) for carrying the same to the office of the 3 chemical examiner. The chemical examiner Dr.Satinder Chauhan (PW.13) has opined that the victim / deceased had died on account of hypertension which might have been caused to the victim / deceased by excessive vomiting and dehydration. Such aspect falsify the statements of the parents, e.g. Smt. Ram Piari (PW.1) and Rattan Chand (PW.2),of the victim / deceased, who claimed that the victim / deceased had died by taking of poison . 5. The perusal of evidences, reveal that natural death had occurred on account of excessive vomiting and dehydration. During the ailment the victim / deceased had arrived at the house of her parents at village Dumkhar. She kept on vomiting the whole night. In the morning she went out in the fields where she became unconscious and there was apprehension that she committed suicide. 6. On scrutiny of the prosecution witnesses and materials on record, we find that none of the prosecution witnesses have ever made a complaint that the accused persons demanded dowry from the parents of the victim / deceased through her. No specific report was made regarding beating and maltreatment and demand of dowry and usually complaint was being made that often the victim / deceased was cursed for bringing inadequate dowry, however, the prosecution has not been able to link with any of the conduct or act of any of the family members or husband. The prosecution could not indicate that by any act, the accused-respondents have ever tried to abate or instigate the victim / deceased to commit 4 suicide. The death of the victim / deceased cannot be alleged to be co-related with the abatement and the act of the accused- respondents, undisputedly, the death has occurred, however, as per testimony of PW.5 Dr.Sharda Sharma, the victim / deceased had died by excessive vomiting and dehydration. 7. In view of the aforesaid facts and circumstances, the prosecution cannot be said to indicate any chain which may link the act of the accused persons being attributable to the cause of death of the victim / deceased through abatement and harassment or maltreatment in the hands of the accused- respondents. In our considered view the prosecution has failed to bring home the guilt to the accused and there is no scope of interference in the impugned judgment. In view of the aforesaid facts and circumstances, the present criminal appeal, being devoid of any merit, is dismissed. 8. The bail bonds furnished by the accused/respondent are hereby discharged. (R.B. Misra) Judge September 28, 2010 (V.K. Sharma) (Purohit) Judge