IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. Appeal No. 236 of 1997 Date of decision: 17.08.2010 __________________________________________________________________ State of Himachal Pradesh … Appellant. Versus Bhatu Devi … Respondent. __________________________________________________________________ Coram The Hon’ble Mr. R.B. Misra, J. The Hon’ble Mr. V.K. Sharma, J. Whether approved for reporting? __________________________________________________________________ For the Petitioner : Mr. Rajinder Dogra, Additional Advocate General. For respondent : Mrs. Ranjana Parmar, Advocate with Mr. Sunny Datwalia, Advocates. __________________________________________________________________ Justice R.B. Misra, J. (Oral) The present Criminal Appeal has come up for consideration after the grant of leave to appeal under Section 378 of the Code of Criminal Procedure in reference to judgment dated 08.01.1997, passed by the learned Additional Sessions Judge, Mandi, District Mandi, H.P. in Sessions Trial No. 14 of 1995 dated 08.01.1997, under Sections 306 of the Indian Penal Code, acquitting the alleged accused. 2. According to the prosecution story, the wife of Kishore Singh (Mrs. Santoshi) had committed suicide and her dead body was lying in the house, on which Om Chand ASI visited the spot and recorded the statement of Relu Ram (father of the victim) under Section 154 of Cr. P.C. Santoshi (victim) was married with Kishore Singh son of Kanahaya Lal, resident of Jatehar in December, 1991 and after about 2 five days back, she came with her husband to his house and Santoshi (victim) told that she would reside in their village. On May 24, 1993, Gita (mother of victim) has stated that Santoshi is not being treated properly in her in-laws house and had not given food by her mother- in-law, who gives only two “chapattis” and had suspicion that her mother-in-law had abetted her to commit suicide. FIR No. 148 of 1993 was registered. Prosecution in order to prove his case, as many as 11 witnesses were examined by the prosecution and the accused-respondent under Section 313 denied the prosecution case. 3. PW-1, Relu Ram, complainant has stated that his daughter Santoshi (studied upto 6th class) was married to Kishore Singh in the year, 1991 and Santoshi (victim) co-accused were her mother-in-law and his son-in-law, who was in private service in Delhi and his daughter also went with him to Delhi and remained there for about 4/5 months. His elder son Jaswant alongwith his wife, was also residing at Delhi. His daughter Santoshi came with her husband for marriage of her god-brother and at that time, she was pregnant and on coming to her home, Santoshi (victim) was being tortured by her mother in law. The deceased Santoshi has asked her mother-in-law that she be given some land in her parental area. On 25.3.1993, Gopal alongwith Kishore Singh accused came to his house and told that his daughter was seriously ill and on further inquiry, they told that she had committed suicide. When PW-1, Relu Ram (father of the victim) went to the house parental-in-law of his daughter Santoshi(victim), the dead body of Santoshi was found and accordingly, report was lodged Ex.PA. However, PW-1 could not present at the time of her death. 4. PW-2, Gian Chand, Head Constable, in support of the prosecution case alongwith PW-3 Mohan Lal, Head Constable has 3 stated that on receipt of statement Ex. PA, FIR Ex.P-8 was recorded and on 27.05.1993, ASI Om Chand deposited the case property, containing cloths, Chappal Ex.P-H and ornaments of deceased. Four sealed parcels of viscere were sent to F.S.L. Bharari through Constable Narain. 5. PW-4, Gita Devi, mother of the deceased (Santoshi) has stated that her daughter came to her house nine days prior to her death and told that her mother Bhato Devi, given her only two “chapattis” and was keeping her hungry and she did not want to live in her in-laws house and asked her to give her some land as she wanted to live in their village. On 9th day, Gopal came and told that Santoshi had committed suicide, but PW-4 suspected that she was murdered. 6. PW-5, Sudarshana has stated that she was residing at Delhi with her husband and her sister-in-law Santoshi was also residing at Delhi and she came to her house twice at Delhi and told that her mother-in-law was giving her two “chapattis” in the morning, small quantity of rice during day time when she used to return from jungle and that she was keeping soap and oil under lock and key. PW-6 Dharam Singh has deposed that Santoshi met him for the first time after marriage at Delhi and she told that she did not like her-in-laws house and asked him whether he could find only house for her and then she did not tell anything to him. PW-7, Hoshiar Singh, however, has not stated anything substantially. 7. PW-8, Dr. Sunil Thakur, has stated that on receipt of inquest report and request of the police, he alongwith Dr. D.D. Rana conducted the post-mortem of Smt. Santoshi deceased on 27.05.1993 and on post-mortem examination, it was noticed that pregnancy of seven months containing seven months old foetus dead was there, 4 Ex. PF. PW-9, Dr. S. Kaul has deposed that her opinion was sought by Doctor Sunil Thakur and Dr. D.D. Rana, who conducted the post- mortem examination of deceased, for recording gynae opinion and on examination, she gave the opinion that there was no evidence of injury on abdomen and uterus and a single dead male foetus approximately 28 weeks gestation was taken out as per Ex. PF/1. 8. PW-10, Gopal Singh has not supported the case of prosecution and was declared hostile. PW-11, ASI Om Chand in discharge of his official duties, have done the work assigned to him, however, nothing substantial could be derived from his testimonies in favour of the prosecution. 9. On scrutiny and material on record, Santoshi(diseased), one of the allegation leveled by PW-1, Relu Ram (father of deceased), PW-4, Gita Devi (mother of deceased) and PW-5 Sudarshana (sister- in-law) of the deceased that Santoshi told them when she visited their houses that she was given only two “chapattis” in the morning and was not given adequate food and soap and oil was kept by her mother-in-law Bhato Devi (accused) in lock and key. No person from the village of accused has been examined to prove that whether she was not kept nicely and was not provided adequate food. It has come in evidence that she remained at the house of accused only for some days after marriage and then went to Delhi with her husband. Even PW-1, Relu Ram has stated that she came back from Delhi about 9 days prior to her death and came to their house with her husband and after staying for four days went to her-in-laws house. Therefore, the only abetment to commit suicide had been attributed to her five days stay with her mother-in-law. What transpired in these five days, is not explained at all. Because no witness has been examined by the prosecution, to whom, she met during these five 5 days. Moreover, no neighbour from the house of accused, where she was residing, has been examined by the prosecution to prove that she was maltreated or given beating during these days. It is necessary for the prosecution to prove that there had been some immediate cause of mental or physical harassment on the part of the accused, leading to the commission of suicide by the deceased. 10. After going through the prosecution witnesses and material on record as well as the impugned judgment, we find that prosecution has failed to prove its case and to bring home the guilt to the accused and the learned Trial Court has carefully analyzed the prosecution witnesses and has rightly arrived at a conclusion that the prosecution has failed to prove its case beyond reasonable doubts. In our considered view, there is no scope of interference in the findings given by the learned Additional Sessions Judge. In view of the aforesaid facts and circumstances, the present criminal appeal, being devoid of any merit, is dismissed. 11. The bail bonds furnished by the accused/ respondents are hereby discharged. ( R.B. Misra ), J. (V.K. Sharma), J. August 17, 2010 Pritam