IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Appeal No. 485 of 1996 Date of decision: 17.05.2010 ________________________________________________________________ The State of H.P. .....Appellant. Versus Ram Lal and others .....Respondents. Coram The Hon'ble Mr. Justice R.B. Misra,J. The Hon'ble Mr. Justice V.K. Sharma, J. Whether approved for reporting?1 ________________________________________________________________ For the appellant: Mr. Ramesh Thakur, Assistant Advocate General. For the respondents: Mr. Anuj Nag, Advocate Advocate. ________________________________________________________________ R.B. Misra, J (Oral) . The present criminal appeal has come for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 27.02.1996, passed by the learned Additional Sessions Judge, Mandi, District Mandi, in Sessions Trial No. 7 of 1994, acquitting the alleged accused under Sections 498-A and 306 readwith Section 34 of the Indian Penal Code. 2. In order to adjudicate the criminal appeal, it is necessary to give the factual background of the case. 3. According to the prosecution story, on 05.09.1993 at about 4 p.m. a complaint was made by Smt. Naro Devi, (PW-1), that her daughter, Smt. Kanta Devi, (the deceased), was married to Ram Lal son of Nand Lal about 12 years back and two children were born out of the 1 Whether reporters of Local Papers may be allowed to see the judgment? :-2-: wedlock, however, these two children died and thereafter Ram Lal married second time. As per complaint, she was being tortured by her father-in-law, Nand Lal, mother-in-law, Smt. Gambho and second wife of Ram Lal, Smt. Pinki Devi by way of beatings and maltreatment. According to complainant, 8-9 days before her death, which took place on 05.09.1993, her daughter, Smt. Kanta Devi, (the deceased), came and told that her father-in-law, mother-in-law, husband and second wife had beaten her. However, one Narain Dass (PW-5), apprised the parents of the deceased that on 05.09.1993 at about 4:30 a.m. Smt. Kanta Devi (the deceased) had consumed poison. On hearing this information, the mother and the family members of Kanta Devi went to the hospital and noticed that some injuries are there on her body, paddy husk was seen on the neck and chest of her body and blood was also noticed near mouth. FIR No. 282/1993 was registered and in that respect case for the offences under Sections 498-A and 306 IPC was made out against all the alleged accused (respondents herein). 4. The prosecution in support of its case examined as many as 11 witnesses, whereas the alleged respondents-accused have denied the prosecution version and have shown innocence. 5. We have gone through the contents of prosecution witnesses, material on record and medical report and noted that PW-1 Smt. Naro Devi, mother of the deceased, PW-2 Shri Khub Ram, brother of deceased, PW-3 Smt. Sita Devi, sister-in-law of deceased and PW-4 Smt. Kala Devi, sister of the deceased though have supported the prosecution version by saying that Smt. Kanta Devi (the deceased) was maltreated and was beaten by her husband, who solemnized marriage second time with Smt. Pinki Devi, however, the maltreatment, beating and misbehaviour was never reported any time to the police or Pardhan, :-3-: Lamberdar or Panchayat of the village, whereas PW-5 Shri Narain Dass has deposed that Smt. Kanta Devi (the deceased) was not keeping good health for the last 3-4 years and she was treated medically. She was admitted for two days in the hospital. She was taken to PGI, Chandigarh alongwith her father-in-law and as per testimony of PW-5 Narian Dass, she has revealed that she may be operated, however, she was aware that whenever she shall be operated upon, she may die and on that fear she did not go for operation. According to PW-5 Narian Dass, she has never heard about the maltreatment or beating by father-in-law and mother- in-law of Kanta Devi (the deceased). Even PW-5 also participated in the marriage of Ram Lal, which took place second time, which was at the instance of family members of Smt. Kanta Devi (the deceased). It could also be noted from the cross-examination of PW-5 Narian Dass that the mouth and body of Kanta Devi was having any husk. 6. As per testimony of PW-7 Dr. G.C. Sharma, Medical Officer, Civil Hospital, who conducted postmortem alongwith Dr. Sher Singh on 05.09.1993 and gave postmortem report Ex. PH and has observed that paddy husk was found on the neck and chest of the deceased, however, in cross-examination it was also divulged that such paddy husk could be there be in usual course while doing work in field and nothing was derived adverse from availability of paddy husk on the neck and chest of the deceased. As has been noticed in the cross-examination of PW-7 Dr. G.C. Sharma that Kanta Devi was suffering from a disease named as “acromegaly” which was not a curable disease. 7. The prosecution witnesses, specifically PW-1, PW-2, PW-3 and PW4 have though supported the prosecution case to some extent, however, nothing could be derived from prosecution witnesses that the alleged accused have beaten, maltreated and inflicted any injury on the :-4-: body of Smt. Kanta Devi (the deceased) as no record is available including any information of any kind about the maltreatment and beating to Smt. Kanta Devi (the deceased). It also becomes apparent that Smt. Kanta Devi was not keeping good health and was taken to the hospital and was suffering from an incurable disease and she is to be operated. Deceased was in apprehension that she might die. It is also clear that the marriage of her husband with another lady, namely, Smt. Pinki Devi was at the instance of family members of Smt. Kanta Devi. It may be inferred that Smt. Kanta Devi (the deceased) might not be happy when her two children died and her husband married second time with Smt. Pinki Devi, that may also be cause of anxiety persisting in her mind. 8. Be that it may, undisputedly Smt. Kanta Devi (the deceased) had died after consuming poison and no injury apparently could have been noticed on the body of Smt. Kanta Devi in the medical report or in the postmortem report. It is also worth to be noted that her husband Ram Lal had himself taken Smt. Kanta Devi to the hospital in her unconscious state and tried to get medical treatment and the dead body was also handed over to Ram Lal. 9. We have also noted that the complaint was not made promptly and the same was made after delay, which was not properly explained. It has also been pointed out that accused Nand Lal has already died during pendency of the appeal. 10. After going through the contents of prosecution witnesses, medical report and material on record we do not find material which may indicate that the alleged accused by way of any activity or their behaviour were responsible for suicide by Smt. Kanta Devi (the deceased). :-5-: 11. On the basis of material on record and prosecution witnesses the learned trial court has rightly arrived at the conclusion that the prosecution has not proved its case beyond reasonable doubt. There is no scope of interference in the judgment of the trial court and appeal being devoid of merit is dismissed. (R.B. Misra) Judge (V.K. Sharma) Judge 17th May, 2010 (virender)