IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.Appeal No.182 of 1995 Judgment reserved on: 7.4.2009. Date of decision: 10th April, 2009. State of H.P. ... Appellant Versus Sh.Vijay Kumar and another … Respondents Coram : The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice V.K. Ahuja, Judge. Whether approved for reporting?1 No For the appellant: M/s. R.M.Bisht & Rajesh Mandhotra, Deputy Generals. For the respondents: Ms.Anita Dogra, Advocate vice Mr.Ramakant Sharma, Advocate. ____________________________________________________________ Deepak Gupta, J. This appeal is directed against the judgment dated 16.5.1994 passed by the learned Additional Sessions Judge, Solan, camp at Nalagarh in Sessions Trial No.8-NL/7 of 1992, whereby he acquitted the accused of having committed an offence punishable under Section 306 of the Indian Penal Code. The prosecution case, in brief, is that Indro Devi was married to Vijay Kumar accused who was working in a 1Whether reporters of Local Papers may be allowed to see the judgment? Yes 2 Spinning Mill at Baddi. Both of them were residing in a rented accommodation in village Haripur Sandholi near Baddi. The prosecution alleges that accused Vijay Kumar developed intimacy with co-accused Ramesh Sharma wife of Rana Sharma who was also living in the same village. It is alleged that Vijay Kumar used to give his entire earnings to his co-accused and he neglected and ignored his wife. The two accused used to force Indro Devi to cook and serve meals to them. Vijay Kumar instead of living in the room hired by him, used to stay in the room which was rented by his co-accused Ramesh Sharma. Fed up with this state of affairs, Indro Devi committed suicide on 23.7.1991 by setting herself on fire. PW-11 saw smoke emanating from the room of Indro Devi. She raised an alarm and the door was broken up and they found that Indro Devi, that is, the wife of the accused was on fire. Thereafter, PW-12 Mohinder Singh took her along with the police officials in a van to Dr.Malhotra who advised them to take her to the P.G.I. Accused Ramesh Sharma was also accompanying them. On the way towards P.G.I. when they just crossed Pinjore, Indro Devi regained consciousness. According to Mohinder Singh PW-12, Indro Devi told accused Ramesh 3 Sharma that it was she who used to instigate her husband against the injured and now she (Ramesh Sharma) could live with her husband after her death. Indro Devi died at the P.G.I. Though, in Court, PW-12 Mohinder Singh stated that the deceased had told accused Ramesh Sharma that she used to instigate her husband and could marry her husband, however, no such statement was made to the police by this witness. He has been confronted with his statement under Section 161 Cr.P.C. Ext.DA where there is no mention of this so called dying declaration. The incident occurred on 23.7.1991. The statement of this witness Ext.DA was recorded by the police under Section 161 Cr.P.C. after six days on 29.7.1991. He would have definitely told the police that the deceased had made such a declaration before her death. It was almost 7 months later that another statement of this witness Ext.DB was recorded on 27.2.1992 wherein for the first time it was mentioned that the deceased regained consciousness on the way to P.G.I. and made such an accusation against co-accused Ramesh Sharma. No reliance can be placed on this statement recorded at such a belated stage. It is pertinent to note here that Mohinder Singh was 4 confronted with various portions of his statements Exts.DA & DB and he denied making large portions of these statements. All the other witnesses who are the neighbours of the deceased and the accused have denied that the two accused had developed illicit relationship with each other. They also admit that the children of Ramesh Sharma were living with her. PW-2 Smt.Sheela Devi has stated that accused Ramesh Sharma was her next door neighbour and she used to reside in the room along with her husband and children. There is not an iota of evidence to prove the allegation that the two accused had illicit relations. There is no other evidence whatsoever to show that the accused had treated the deceased with cruelty. All the witnesses belonging to the village have stated that the deceased and Vijay Kumar used to live in one room whereas co-accused Ramesh Sharma used to live in another room with her husband and children. It is also in the evidence of the witnesses that the relations between the two families were very cordial and the meals used to be prepared in some other building in a room rented by the nephew of accused Vijay Kumar. Thereafter, the meals were carried to the other building 5 and the deceased and both the accused with their families used to have their meals together. This factor also clearly shows that the relations between the accused and the deceased were very cordial. No doubt, the mother and brother of the deceased have in their statements stated that the accused were maltreating the deceased. However, no reliance can be placed on their statements. In the statement in Court, the mother states that her daughter had told her 5-6 months prior to the occurrence that she was being maltreated. However, this fact was not recorded in the FIR and the witness has been confronted with the FIR where no such allegation is recorded. In view of the above discussion, the learned trial Court rightly acquitted the accused. We find no merit in the Appeal which is accordingly dismissed. Bail bonds, if any, furnished by the accused are ordered to be discharged. ( Deepak Gupta ), J. April 10, 2009 ( V.K.Ahuja ), J. PV