IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. Appeal No. 162 of 2001. Date of Decision: 19.8.2011 State of H.P. …Appellant. Versus. Atma Ram …Respondent. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for Reporting? No. For the appellant: Mr. Vivek Singh Thakur, Addl. A.G. For the Respondent: Mr. Dharamvir Sharma, Advocate. Deepak Gupta, J. (Oral) 1. This appeal by the State is directed against the judgement dated 30.09.2000 delivered by the learned Additional Sessions Judge, Mandi whereby he acquitted the accused of having committed offences punishable under Section 498-A read with Section 302 IPC. 2. The deceased Krishna Devi was married to the accused Atma Ram. They had been married for about 22 years and had two grown up sons aged about 18-20 years. On 23.5.1999 Krishna Devi suffered injuries and was first taken to Primary Health Centre at Ratti for treatment from there she was removed to the Zonal Hospital at Mandi and finally to the Indira Gandhi Medical College and Hospital, 2 Shimla. Unfortunately, Krishna Devi could not survive and died. On 23.5.1999 itself Leela Devi, mother of Krishna Devi, lodged a complaint with the police to the effect that her son-in-law i.e. accused used to ill-treat her daughter Krishna Devi. Her grand daughter was telephonically informed by the accused that Krishna Devi is unconscious and therefore, she (Leela Devi) had been called. She went to the village of the accused but in the meantime Krishna Devi had been shifted to CHC at Ratti. When she reached Ratti she came to know that her daughter had been shifted to the hospital at Mandi. When they came to Mandi her daughter could not speak to her. There were a lot of injuries on the body of Krishna Devi. She suspected that her daughter has been beaten up by the accused since for the last 5-6 years he had been ill-treating her. After the death of Krishna Devi, F.I.R was converted to one under Section 302 read with Section 498-A IPC. The police investigated the matter and the accused was charged with having treated his wife Krishna Devi with cruelty and having committed her murder. After trail the accused has been acquitted. Hence the present appeal. 3. There is no manner of doubt that deceased Krishna Devi died as a result of the injuries received by her. This is apparent from the statement of PW-10 Dr. V.K.Mishra, who 3 conducted the post mortem. The question is how were the injuries caused? 4. The first person who reached the house of the accused and deceased Krishna Devi was PW-8 Rukmani, who is the sister-in-law of the accused. According to her at about 10-11 a.m. when she came to the house, Krishna was lying in the middle of the courtyard, which was a common courtyard. On her asking Krishna informed the witness that she had fallen down and requested the witness (Rukmani) to give her a bath. Thereafter this witness and her husband’s second wife took Krishna Devi to their house, took off her clothes and gave a bath to her and after changing her clothes made her lie on the bed. The deceased was declared hostile and cross-examined by the public prosecutor. She denied the suggestion made to her that it was the accused who had given the beatings to his wife Krishna. She, in fact, in cross-examination stated that Krishna had consumed liquor. 5. PW-12 Dr. Shiv Nand was the Medical Officer at CHC Ratti at the relevant time. He examined Krishna Devi. According to him Krishna Devi was brought to the hospital by four women and three men. They had informed him that the patient had fallen down and received injuries. According to him the accused was one of the persons forming part of the group which was accompanying 4 Krishana Devi. He has categorically stated that Krishana was alcoholically intoxicated. He in cross-examination also admitted that these injuries could be caused if a person under the influence of liquor rolls down an uneven surface like a Dhank. There is no eye witness to the incident. 6. Version of the mother PW-1 Leela Devi is that for 5-6 years prior to the incident the relations between the accused and his wife had become strained. According to her prior to that the relations between them were very cordial. The mother admits that Krishna used to consume liquor though according to her it was the accused who used to serve liquor to his wife. She admits that nobody had ever brought to her notice that the accused had ever beaten his wife. She also admits that the sons of the accused were residing in the house where the incident is alleged to have taken place. No complaint was ever made to the Panchayat or any other village body or authority or the Biradri about any misbehaviour of the accused towards deceased Krishana Devi. To the similar extent is the statement of Lata Devi PW-2, who is married to the brother of deceased Krishana. 7. PW-4 Baldev is the brother of the deceased. According to him for about 5-6 years prior to the accident the accused had started belabouring the deceased and some time used to beat her. According to him when he 5 went to the hospital at Mandi he saw his sister was lying in an unconscious state and when he noticed the injuries on her body he suspected that the accused may have beaten her and therefore, got a complaint lodged with the police through his mother. This witness is also a witness to the recovery of the bamboo Danda allegedly used by the accused to beat the deceased. The witness is a member of the police force. He in cross-examination admits that in his presence Atma Ram had never maltreated his sister and that he was told about such maltreatment only by his mother. This means that his sister had never complained to him about such maltreatment. He also stated that whenever he visited the house of the accused and his sister he found that their relations were cordial. He also admits that the accused and his other family members were actively involved in the treatment of Krishna Devi and remained at her side till her death. He also admits that his relations with the accused were strained. 8. PW-5 Shiv Ram is also a witness to the recovery of the Danda. PW-7 Bhama Devi states that she had seen PW-8 Rukmani and Shilma gave a bath to Krishan and on inquiry she was told that Krishna had fallen down and had received injuries. PW-9 Lekh Ram is another brother of the deceased. His version is similar to that of the other family members. According to him he could not visit at 6 Ratti or Mandi and only came to Shimla and by that time his sister had died. He thereafter took the dead body of her sister to her in-laws house for cremation. In cross- examination he also admits that in his presence the accused had never given beatings to Krishna. He also admits that his sister was addicted to alcohol. This is the entire evidence. 9. Even if the statement of the family members of the deceased is taken as a gospel truth all that can be deciphered is that relations between husband and wife may have been strained for the last 5-6 years but that by itself is not a ground for a husband to kill his wife. Suspicion can never take the place of proof. In a case based on circumstantial evidence it is for the prosecution to link all the circumstances in such a manner that the only conclusion which can be drawn is that the deceased was killed by the accused and could not have been died in any other manner. In the present case the doctors have admitted that the injuries could be caused by a fall. There is no direct evidence and further more it is admitted by all the family members of the deceased that the deceased was an alcoholic. Even the doctor who examined her first has stated that when she was brought to the hospital she was highly intoxicated. Therefore, the possibility of her having fallen down cannot be ruled out. As such, the 7 learned trail Court was fully justified in acquitting the accused. We find no merit in the appeal which is accordingly dismissed. The bail bonds furnished by the accused are ordered to be discharged. ( Deepak Gupta ) Judge. 19th August, 2011. ( Sanjay Karol ) ™ Judge.