IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No.473 of 1996 Decided on: June 16,2010 State of H.P. …Appellant. VERSUS Kala Devi & Ors. ….Respondents. Coram The Hon’ble Mr. Justice R.B.Misra, Judge. The Hon’ble Mr. Justice V.K. Sharma, Judge Whether approved for reporting?1 For the Appellant: Mr Rajinder Dogra, Addl. AG With Mr. Anil Jaswal, Dy. AG respondents: Mr.Rakesh Jaswal, Advocate. R.B.Misra, Judge (Oral): Heard learned counsel for the parties. 2. The present criminal appeal has come up for consideration by virtue of granting leave to appeal under Section 378 (3) of the Code of Criminal Procedure in reference to the judgment dated 11.12.1995, passed by learned Sessions Judge, Mandi, Kullu and Lahaul Spit Districts in Sessions Trial No. 6 of 1993, for alleged offence punishable under Section 306 IPC, whereby the alleged accused / respondents were acquitted. 3. In order to adjudicate the present criminal appeal, it is necessary to give the brief facts of the prosecution case. Bihari Lal was an employee with the Central Reserve Police and was earlier Whether the reporters of the local papers maybe allowed to see the judgment? …2… posted at Manipur and now at Chandigarh and Smt. Hima Devi (deceased) was married to him in the month of Baisakh 2047 Vikrami. When she visited the house of her parents after nine months, she told Smt. Rama Devi (her sister-in-law) that Smt. Kala Devi mother of the accused Sohan Lal and Kishori Lal brother of accused Bihari Lal had been harassing her and thereafter when she again visited her parents house, during Diwali similar complaint was made to her mother Lachhmi Devi that accused persons had been continuously harassing her. Her mother told her to stay back for the day as it was not possible for her to go there because accused persons could further torture. Again she decided to finish her life but her mother Lachhmi Devi pacified by saying that she would look into the matter on the arrival of her husband there. It is alleged that the accused persons including her husband Bihari Lal gave beatings to her and thereafter Bihari Lal left for Chandigarh, his new place of posting. Bihari Lal had also sent letter to her. It was also alleged that she had gone to the hospital for the check up and on her return she went to see Luxmi Devi who offered her teat but she did not take it and told her if her mother-in-law would come to know she would get angry and torture her. It is alleged that Rama Devi (PW) went to the house of Hima Devi before her death. She was brought to the house of her mother and Bihar Lal also accompanied them. There, she again told her mother to finish her lift on account of torture being given by the accused persons. When Bihari Lal re-visited the house of his in-laws, Hima Devi refused to accompany him to go back to the house of her in-laws, as she did not want to live with him, in the company of other …3… accused persons. Just before her death, on the previous night, Hima Devi slept with her husband but was found missing in the morning. Smt. Lachhmi Devi enquired from Bihari Lal accused and accused Bihari Lal expressed his ignorance but was perplexed to know as to where she had gone and as on search, she was not found anywhere. Report regarding her missing was lodged. The police reached on the spot. They recovered Shawl Ex.P-1 lying on the side of the canal which was identified to be that of Hima Devi which was taken into possession vide recovery memo Ex.PB. The dead body was found floating in the ‘Pungh” lake on 10.1.1991 near Samrat Hotel, Sundernagar. 4. The dead body was sent for post-mortem. Post mortem was conducted by Dr. Deepak Malhotra (PW-5). Complete report is Ex P-6 which is by Dr. Deepak Malhtora and Dr. Usha Prashar. According to the opinion of the doctors, she had died of a asphyxia due to drowning. During investigation, police also prepared site plan Ex PB. Inquest report is Ex. PF and had also sent the viscera for Chemical examination and the report of the Chemical Examiner is Ex.PG. After recording the statements of the witnesses under Section 161 Cr.PC, challan was put in the Court for trial. The case was committed to the Session court under Section 306 of the Indian Penal Code against Smt. Kala Devi, Kishori Lal and Sohan Lal. The charge was put to them but they denied it. The prosecution examined PW-1 Smt. Lachhmi Devi, mother of the deceased and Rama Devi, wife of Leela Dhar on 18.4.94. An application under section 319 Cr.P.C. was moved by the learned Public Prosecutor for …4… adding Bihari Lal as accused and vide order dated 24.8.1994, Bihari Lal was impleaded as an accused. Again on 8.11.1994, arguments on charge were heard and all the accused persons were charge sheeted under section 306 IPC to which the accused persons pleaded not guilty and claimed to be tried. 5. In order to prove its case, the prosecution has examined as many as seven witnesses, whereas, the alleged accused persons had totally denied the prosecution case in their statement under Section 313 Cr.P.C. 6. We have gone through the contents of the prosecution witnesses and have also gone through the records. We notice that Bihari Lal was married with deceased Hima Devi in the year 1990 in the temple and no dowry was taken by the accused persons. However, Hima Devi remained depressed after her marriage and she was being treated from Chela and ultimately her dead body was found in the canal after about 20 days. Her Dupatta Ex P-1 was found in the river side and her body was found floating in the canal. 7. PW-1 Smt. Lachhmi Devi, in her testimony, has stated that Bihari Lal used to torture the deceased Hima Devi. However, no such complaint was made and it was only a day prior to her death, Hima Devi made a complaint to her. PW-1 also told that she would tell Bihari Lal to behave properly. However, Hima Devi was missing from her house and according to PW-1, Sohan Lal, Kishori Lal, brother of the accused Bihari lal and mother Smt.Kala Devi tortured Smt. Hima Devi and on account of that she committed suicide. PW-1 has also stated that deceased visited her house after …5… nine moths of her marriage and she had made complaint about the maltreatment being given by the accused person. PW-1 has also stated that when deceased Hima Devi visited the house of PW-1, she made a complaint that she does not want to remain alive. PW-1 had also stated that accused Bihari Lal gave letters to her daughters that she should find out the way of her living for the remaining life, meaning thereby that she should leave his house but no letters were put on the record. In the cross-examination, PW-1 has stated that Bihari Lal had visited her house 3-4 times along with deceased Hima Devi and used to stay for a night. However, no complaint about the torture was made by Hima Devi to Panchayat, police or any other person. PW-1 has, however, further stated that Hima Devi had informed her that she was beaten by shoe two days prior to her death. According to PW-1, two days prior to the death of deceased, Hima Devi, she had informed Leela Dhar, brother of deceased about the torture and beating etc, but Leeladhar did not state anything. PW-1 has also stated that Hima Devi had gone with her brother to village Lohara to “Devta Lakhdata” for her treatment and to know the reason of her being depressed and not taking meals. The deceased Hima Devi was informed that she was suffering from evil spirits and was under the influence of Ghost and according to ‘Chela’ deceased Hima Devi was coming across a stomach pain/constipation and strong feeling to die. PW-1 has further stated that Leeladhar once went to the house of deceased Hima Devi when he was informed that Hima Devi was not taking her meals and saying that she would die. …6… 8. In the cross examination, PW-1 has stated that when Bihari Lal reached her house in the evening a day prior to the death of Smt. Hima Devi, both Hima Devi and Bihari Lal were talking and talks were appearing to be cordial. According to PW-1, Bihari Lal had bought a lady coat for Hima Devi. From the testimony of PW-1, some different version has been emanating. Some time PW-1 indicate that deceased Hima Devi had been making complaint about mis-behaviour and beating by Bihari Lal and some times a contrary version emanated that Hima Devi and Bihari lal was having cordial relation. From the testimony of PW-1 also, nothing is emanating that any complaint of demand of dowry was ever made by Bihari Lal or his family members. 9. PW-2 Smt. Rama Devi, wife of Leeladhar has stated that when Hima Devi came to her house with Bihari Lal, she was feeling sad. PW-2 has also stated in her cross examination that no quarrel took place between the deceased and the accused Bihari Lal in her house. According to PW-2, Hima Devi had narrated about the harassment and torture which took place 2-3 days prior to her death. PW-2 has further stated that in her view, accused did not torture the deceased. PW-2 has further stated in her cross examination that deceased Hima Devi was not beaten by Bihari Lal with shoes. PW-2 has also stated that Hima Devi was being tortured by the family members of Bihari Lal on the small matters. PW-2 has, however, stated that Hima Devi was under treatment with a ‘Chela’ at village Luhara. …7… 10. PW-4, Leeladhar has stated that when Bihari lal reached in their house, on seeing him, Hima Devi was about to jump from upper storey. However, she was caught by her mother but this fact was not revealed from the testimony of PW-1. In cross examination, PW-4 has stated that Hima Devi did not disclose anything to him. PW-4 has also admitted that Bihari Lal was taking the deceased Hima Devi for medical treatment and also to ‘Chela’ and PW-4 had never heard about the mal-treatment given by the accused persons to Hima Devi. PW-4 has stated that he never heard anything from anybody about the mal-treatment being given to Smt. Hima Devi by Bihari Lal or anybody else. 11. On appreciation of the prosecution witnesses, it appears that Smt. Hima Devi remained under depression in the house of the accused and other than PW-1 and PW-2, no prosecution witness has ever made any complaint that Hima Devi was being maltreated by the accused persons. One night previous to the death of Smt. Hima Devi, she complained stomach pain and cough. At about 6 AM when her mother-in-law knocked at the door and asked about her welfare, it was told by Bihari Lal that Hima Devi had gone out but did not return. After being suspicious, Bihari lal accompanied with Leeladhar, went to the police station and reported about the missing of Hima Devi. 12. On the analysis of prosecution witnesses, nothing has appeared about the specific maltreatment or beating or torture and any such act or deed which might be a cause, whereby Smt. Hima Devi could have committed suicide. Apparently, we notice that …8… she had been living under stress, sadness and was being treated for different kind of ailments including mental and was being treated from ‘Chela’ and on many occasions she said that she did not wish to remain alive. 13. On the analysis of prosecution witnesses and material on record, learned trial Court has rightly observed that prosecution has failed to prove its case beyond reasonable doubt and all the accused in which Bihari Lal was also included, were acquitted. Though in the memo of parties, name of Bihari Lal has specifically not been mentioned, however, on reading of the entire judgment dated 11.12.1995, Bihari Lal was the main accused. However, by the impugned order, all the accused has since been given the benefit of doubt and the State has only preferred the present appeal against three respondents/accused, except Bihari lal, whereas Kala Devi had already expired. In our considered view, in the facts and circumstances of the case, we do not find any scope of interference in the impugned order. 14. Resultantly, the appeal fails, being devoid of any merit, as such the same is dismissed. Bail bonds furnished by the accused / respondents are hereby discharged. ( R.B.Misra ) Judge (V.K.Sharma), Judge. 16th June, 2010(sl)