IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. Cr. Appeal No.: 5/1998 Decided on: 17.3.2010 _____________________________________________ State of Himachal Pradesh. …Appellant. Versus Manohar Lal and another. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Surjit Singh, Judge. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the Appellant : Mr. Ramesh Thakur, Assistant Advocate General. For the Respondents : Mr. Rakesh Jaswal, Advocate. _____________________________________________________ Surjit Singh, J (oral). Respondent Manohar Lal, the husband and Asha Devi, sister-in-law (wife of a brother of the husband) of deceased Tripta Devi, were tried for offences under sections 498-A and 306 of the Indian Penal Code. They stand acquitted by the trial court vide judgment dated 1.2.1997. State is aggrieved by the order of acquittal and, therefore, has filed the present appeal. Prosecution’s case as per evidence adduced during the trial is that deceased was married to Manohal Lal for about 20 years, when she took her life by consuming zinc phosphate on 12.3.1994. She was immediately rushed to hospital where she made statement 1 Whether reporters of the local papers may be allowed to see the judgment? . 2 Ex.PF to Dr. Neelam (PW-10). As per this statement, respondent No.2-Asha Kumari was poisoning her (deceased’s) husband by telling him that his wife, i.e. deceased, was of bad character. Upon this, her husband stopped talking to her. This upset her and, therefore, she consumed insecticide meant for preserving wheat around 6.00 P.M. on 12.3.1994 when her husband was away to the fields. She stated that she was fed up with the taunts of Asha Kumari and her husband, who had been insulting and defaming her. Tripta Devi died the same night around 1.15 A.M. Upon her statement Ex.PF, case was registered against the respondents under sections 498-A and 306 of the Indian Penal Code. Inquest was conducted. Post mortem of the dead body was conducted by PW-4 Dr. Gian Inder Dev. Viscera was sent to the Chemical Examiner. Per report of the Chemical Examiner Ex. PW-4/A, there was zinc phosphate in the stomach and viscera. Respondents were challaned. Case was committed by the concerned Judicial Magistrate to the Sessions Court. Sessions Court charged respondents with the aforesaid offences and on their pleading not guilty tried them for said offences. Prosecution mainly relied upon the dying declaration and report Ex.PW-4/A of the Chemical Examiner to substantiate the charge. Learned trial court has acquitted the respondents. We have heard the learned Assistant Advocate General and also the counsel for respondents and gone through the evidence. Prosecution examined brother of the deceased, namely, PW-3 Tilak Raj and also the son of the deceased, namely, PW-2 3 Amit. Both of them stated that the deceased was never taunted either by her husband Manohar Lal or her sister-in-law Asha Kumari. Prosecution cross-examined both the witnesses with the leave of the Court. They did not say anything in their cross- examination by prosecution suggestive of the allegation that the deceased was subjected to taunts or humiliation or insult or was ever sought to be defamed. Dying declaration Ex.PF has been proved by PW-10 Dr. Neelam. From the reading of dying declaration, it cannot be said that the deceased was in fact subjected to taunts or insult or sought to be defamed. In the initial portion of the dying declaration, it is stated that respondent Asha Kumari told respondent Manohar Lal, the husband of the deceased, that deceased was a lady of easy virtue, upon which Manohar Lal stopped talking to her. In the concluding portion of dying declaration, it is recorded that fed up with the taunts, humiliation, insult and consistent attempts to defame her, she had consumed poison. Alleged taunts, acts of humiliation or instances and defamation are not narrated in the statement. Statement regarding taunts, insult and defamation is too vague. In view of above stated position, we se no merit in the appeal and the same is, therefore, dismissed. [[[[[ Surjit Singh), J (Rajiv Sharma), J 17.3.2010 *awasthi*