IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. A. No. : 425 of 2000. Decided on : 27.10.2010. _________________________________________________________ State of Himachal Pradesh. …Appellant. -Versus- Suresh Chand and another. …Respondents. Coram: The Hon’ble Mr. Justice Surjit Singh, Judge. The Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No ________________________________________________________ __ For the appellant : Mr. Rajinder Dogra, Additional Advocate General. For respondents : Mr. B.C. Negi, Advocate. ---------------------------------------------------------------------------------------- Rajiv Sharma, Judge (Oral) : State has challenged the judgment of learned Sessions Judge, Hamirpur, dated 03.04.2000 in Sessions Trial No. 21 of 1998, whereby the respondents Suresh Chand and Banto Devi, who were charged with and tried for offences, under Sections 306 and 498-A of the Indian Penal Code, have been acquitted. 2. The material facts necessary for adjudication of this appeal are that Smt. Asha Devi alias Kamla Devi, was married to respondent No. 1 Suresh Chand in the year, 1988. She gave birth to two female babies. The second female baby was born on 15.12.1992. According to the prosecution version, on account of the birth of two female babies, the in-laws including the respondents, started 1 Whether the reporters of the local papers may be allowed to see the judgment?. No maltreating the deceased. The deceased Asha Devi approached her father and apprised him about the problem, she was facing in the house of her in-laws. 3. On 2nd November, 1996, the deceased Asha Devi consumed poison. She was taken to hospital, where she died. The parents of the deceased were informed. The statement of her father was recorded, under Section 154 of the Criminal Procedure Code, on the basis of which, F.I.R. was registered. Post-mortem was conducted by Dr. Rajesh Kumar Ahluwalia (PW-4). According to post-mortem report Ex.P-D, the probable time that elapsed between the death and post-mortem was 12 hours. According to the opinion of PW-4, Asha Devi died of cardio-respiratory arrest following consumption of organo phosphorus poison. The matter was investigated and the challan was put up. 4. Respondents were examined under Section 313 of the Criminal Procedure Code. They admitted their relationship with the deceased, however, rest of the allegations of the prosecution were denied. Learned trial Court acquitted the respondents. Hence, this appeal. 5. Mr. Rajinder Dogra, learned Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents (accused). 6. Mr. B.C. Negi, learned counsel for the respondents has supported the judgment of the learned trial Court. 7. We have heard the learned counsel for the parties at length and gone through the record carefully. 8. Asha Devi (deceased) was married to respondent No. 1 Suresh Chand in the year 1988. She consumed poison on 2nd November, 1996. She was taken to the hospital, where she died. F.I.R. was registered on the basis of the statement made by the father of the deceased PW-1 Parshotam Singh, under Section 154 of the Criminal Procedure Code. 9. PW-1 Parshotam Singh deposed that Asha Devi (deceased) was married to respondent No. 1 Suresh Chand in the month of June, 1988. She gave birth to a female child after three years of the marriage. She gave birth to another daughter after three years. According to him, on the eve of the birth of second daughter, Asha Devi’s husband and mother-in-law discussed the problem of bringing up two daughters besides raising resources for arranging their marriages. He further deposed that Asha Devi was told to arrange funds from her parents. His daughter approached him to provide funds, however, he expressed his inability to help her since he was having meager resources. His daughter came to the matrimonial house in 1994. However, after two years, respondents came to his village with a plea that he should send his daughter to the house of her in-laws. On 2.11.1996, he was told by some person at 5 O’ Clock that his daughter was admitted in a serious condition in District Hospital, Hamirpur. He alongwith his brother and other inhabitants of the village rushed to the hospital. He was told in the hospital about the death of his daughter. His statement under Section 154 of the Criminal Procedure Code, Ex. P-A was recorded by the police. In his cross-examination, he admitted that he did not complain or discuss about the demand made by the accused after the second daughter was born with any respectable person. He also admitted that he received only one letter between 1994 and 1996 from respondent No. 1 Suresh Chand. 10. PW-2 Satya Devi is the mother of deceased Asha Devi. She visited the hospital at the time of 2nd delivery and the mother-in-law of the deceased proclaimed that since 2nd issue was also a daughter, they will have to go for the 2nd marriage of Suresh Chand. According to her, after the 2nd delivery, the respondents started torturing the deceased. Accused also proclaimed that they were not in a position to maintain the deceased and her two daughters and she should raise funds from her parents. She further deposed that the daughter remained in her parents’ house for a period of 2 ½ years and thereafter, she was sent back with her husband and mother-in-law. In her cross- examination, she admitted that two daughter were being brought up by the accused Suresh Chand. She also admitted that she did not disclose to her husband that accused Banti threatened to perform 2nd marriage of her son. She further admitted in her cross-examination that the relations between deceased and her husband were quite cordial for a period of six years after the marriage and the relations were strained after the delivery of 2nd issue. 11. PW-3 Shri Onkar Singh is the Pardhan of Gram Panchayat, Bassi Jhaniara. He was declared hostile. PW-4 Dr. Rajesh Kumar Ahluwalia has conducted the post-mortem on the body of deceased. He has proved Ex.P-D. According to his opinion, Asha Devi died of cardio-respiratory arrest following consumption of organo phosphorus poison. He has given his opinion after perusing the report of Chemical Examiner Ex. P-E. The matter was investigated by PW-8 Bihari Lal. He received the telephonic message on 2nd November, 1996 that Asha Devi has died. He rushed to the hospital at about 5:30 a.m. alongwith two constables. According to him, the father of deceased Parshotam Singh (PW-1) made a statement, under Section 154, Cr. P.C.. These are the material witnesses examined by the prosecution. 12. According to PW-1 Parshotam Singh and PW-2 Satya Devi, the relations between the husband and wife were cordial for a period of six years. According to them, the relations became strained only when the 2nd daughter was born and the accused started demanding money for raising two daughters. PW-1 and PW-2 had categorically admitted that they have not disclosed the demand of money from their daughter by the accused with any respectable person. To the contrary, the daughters as per the statement of PW-2, were being raised by the accused. There is no specific circumstance mentioned in the statements of PW-1 and PW-2, the manner in which the deceased was tortured. The statements being vague, cannot be relied upon. PW-3 Onkar Singh, the independent witness has been declared hostile. According to PW-8, respondent Suresh Chand and his father Shakti Chand were present in the hospital. They disclosed the name of the father of the deceased. Asha Devi (deceased) was taken to the hospital by Suresh Chand for treatment. 13. In view of the above stated position, we do not think this to be a fit case for interfering with the judgment of acquittal. Appeal is, therefore, dismissed. (Surjit Singh), Judge (Rajiv Sharma) Judge October 27, 2010. (bhupender)