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2012 DIGILAW 514 (HP)

State of Himachal Pradesh v. Hans Raj

2012-09-06

DEEPAK GUPTA, RAJIV SHARMA

body2012
JUDGMENT Rajiv Sharma, Judge: This appeal by the State is directed against the judgment dated 07.06.2004, passed by the learned Additional Sessions Judge in Sessions Case No. 84-D/03, whereby the respondents, who were charged with and tried for offence punishable under Sections 306 and 498-A of the Indian Penal Code, have been acquitted. 2. Case of the prosecution, in a nut-shell, is that on 25.03.2002, an information was received at Police Station, Shahpur about the death at village Tatwani. Thereafter, SI Pritam Singh went to village Tatwani. He recorded the statement of PW-3, Ashok Kumar. According to PW-3, Ashok Kumar, his sister Anju Kumari was married to Hans Raj on 11.12.2000. She was maintained properly for some time after her marriage. However, after some time, his brother-in-law stopped coming to his house and mother-in-law of his sister also started quarrelling with his sister. He has gone to the house of his in-laws, when he came to know that his sister was in serious condition. He came to village Tatwani, where his parents and other villagers had also come. He came to know that his sister has expired after consuming some poisonous substance. According to him, his sister died due to mis-behaviour, financial hardship and mental tension. Thereafter, a case under Sections 306 and 498-A read with Section 34 of the Indian Penal Code was registered. The post mortem was conducted by Dr. A.K. Sharma (PW-2). According to him, Anju Kumari died of shock due to aluminum phosphate poisoning. The challan was put up after completion of investigation and after completing all the codal formalities. 3. The prosecution has examined 8 witnesses in support of its case. The accused were also examined under Section 313 of the Criminal Procedure Code. They pleaded innocence and claimed trial. Learned trial Court acquitted the respondents on 07.06.2004. Hence, this appeal by the State. 4. Mr. Rajesh Mandhotra, learned Deputy Advocate General has strenuously argued that the prosecution has proved its case against the respondents. According to him, learned trial Court has not correctly appreciated the evidence led by the prosecution. 5. Mr. Romesh Verma, learned counsel for the respondents has supported the judgment dated 07.06.2004. 6. We have heard the learned counsel for the parties and gone through the records carefully. 7. PW-1, Sh. R.S. Minhas has deposed that he enquired from accused Hans how the occurrence has taken place. 5. Mr. Romesh Verma, learned counsel for the respondents has supported the judgment dated 07.06.2004. 6. We have heard the learned counsel for the parties and gone through the records carefully. 7. PW-1, Sh. R.S. Minhas has deposed that he enquired from accused Hans how the occurrence has taken place. According to him, the deceased was asking the accused to allow her to accompany him at the place of his posting, which led to dispute between them. According to him, the deceased has consumed poison and was lying dead in the house of accused Hans Raj. 8. PW-2, Dr. A. K. Sharma, has conducted the post mortem on the dead body of deceased Anju Kumari on 26.03.2002. According to his opinion based on Chemical Examiner’s report and post mortem findings, the cause of death of deceased was shock due to aluminum phosphate poisoning. He has issued post mortem report Ex. PW-2/A. 9. PW-3, Ashok Kumar is the brother of deceased Anju Kumari. According to him, his sister was maintained properly and lived with the accused happily for about 2-3 months of her marriage. Thereafter, whenever he used to go to the house of accused, the accused used to start quarrelling with her. Accused Hans Raj also stopped coming to their house. He went to see his sister alongwith his wife in the house of accused. The accused started quarrelling with her. When they were returning back, mother of accused Hans Raj started weeping and told to take Anju with them, as she could not run the household affairs. He further deposed that on 24.03.2002, when he was in the house of his in-laws, his father informed him that his sister Anju was serious. He came to his house and then they went to the house of accused along with 100-150 other persons of the village. When they reached there, they saw that the accused had made all the preparations to cremate the body. According to him, the mother of the accused has told that Anju had a pain in the stomach. He enquired from the mother of accused why his sister was not taken to hospital. She told that they had taken Anju to the hospital, but the hospital authorities had refused to admit her. He made a report to the police vide Ex.PW-3/A. In the mouth of deceased, he found chhoti elachi and leaves of tej patra etc. He enquired from the mother of accused why his sister was not taken to hospital. She told that they had taken Anju to the hospital, but the hospital authorities had refused to admit her. He made a report to the police vide Ex.PW-3/A. In the mouth of deceased, he found chhoti elachi and leaves of tej patra etc. These were put in the mouth of deceased by the accused so that there is no smell of medicine. According to him, Anju had told that the mother of accused has also given the tablet of aluminum phosphate to her and had told her that by eating that tablet a person can die. In his cross-examination, he has deposed that the accused had made all the preparations for cremation of the dead body, however, it was not recorded earlier. According to him, he has also stated to the police in his statement that the accused has put illachi and tej patra in the mouth of deceased, however, it was not so recorded. He has also told to the police that the accused has given the tablet of aluminum phosphate to Anju and told her that by taking this tablet a person can die, however, it was not recorded by the police. He has also told the police that he and his wife had gone to the house of his sister Anju to see her and there the accused has quarreled with his sister, however, it was not so recorded. In his cross-examination, he has admitted that his sister Anju remained ill three years prior to her marriage, but after that she was all right and they married her only when she was fit for marriage. He has also admitted that before the marriage of his sister, she has suffered for 1-2 weeks, but she was given course of three years and after that she was fit and the accused were also informed about this before her marriage. He has denied the suggestion that they had not disclosed that his sister was suffering from epilepitic before her marriage. In answer to the Court question put to him whether any report was made to the Pradhan or police or any other person, he stated that his father had orally made a complaint to the Pradhan who was sitting in the house of accused, but no written complaint was made. 10. In answer to the Court question put to him whether any report was made to the Pradhan or police or any other person, he stated that his father had orally made a complaint to the Pradhan who was sitting in the house of accused, but no written complaint was made. 10. PW-4, Mehar Chand is the father of deceased Anju. According to him, Anju was maintained properly for two months after her marriage. Thereafter, her mother-in-law started quarrelling with her. She had been telling that she would remarry her son anywhere. He has made oral complaint to the Panchayat, but no written complaint was made by him to the Panchayat. He also deposed that when they went to the house of deceased Anju, they saw that there was no external injury on her person and there was smell of medicine. According to him, deceased Anju has expired due to giving of some poison to her. He did not know why the poison was given to her. In his cross examination, he has denied the suggestion that his daughter has been taking the medicine of epileptic. 11. PW-5 has deposed that she visited the house of Anju alongwith her mother about 15 days before her death. Earlier to that, she has also visited her house. The mother-in-law of deceased started quarrelling with her and the mother of deceased Anju and told them to take back Anju as she was not working properly. She also told that her son is quite violent and there can be any mis-happening, but they refused to take her with them. 12. The investigation was carried out by PW-8, SI Pritam Singh. He has recorded the statement of Ashok Kumar, under Section 154 of the Criminal Procedure Code vide Ex. PW-3/A, on the basis of which F.I.R. Ex. PW-6/A was registered. He has prepared the inquest report Ex. PW-8/A. He has also prepared the site plan Ex. PW-8/B. 13. According to PW-2, Dr. A.K. Sharma, the deceased has died of shock due to consuming of aluminum phosphate poisoning. It has come in the statements of PW-3, Ashok Kumar and PW-4, Mehar Chand that no written complaint was ever filed with the Panchayat or with the Police about the maltreatment of deceased Anju by the accused. PW-8/B. 13. According to PW-2, Dr. A.K. Sharma, the deceased has died of shock due to consuming of aluminum phosphate poisoning. It has come in the statements of PW-3, Ashok Kumar and PW-4, Mehar Chand that no written complaint was ever filed with the Panchayat or with the Police about the maltreatment of deceased Anju by the accused. The prosecution has not placed on record any letter or any other record to substantiate that the accused had been treating the deceased with cruelty, which led to commission of suicide by Anju. It is evident from the statements of witnesses that the accused were reluctant to keep Anju with them. If that was so, she should have been taken back by them. 14. According to PW-3, the mother-in-law of the deceased has given a tablet of aluminum phosphide to his sister and has told her that by taking that tablet a person can die, but this fact has not been stated to the police earlier. PW-3 has admitted that his sister was suffering from epileptic fits and she was also given treatment for the same. However, PW-4, Mehar Chand, father of the deceased has denied this fact. PW-3, Ashok Kumar has not narrated to the police that the accused had put Ilachi and Tej Patra in the mouth of the deceased. He has even not stated to the police that the accused had made all the preparations for cremation of dead body before they reached the house and also that mother of accused Hans Raj had given tablet of aluminum phosphate to deceased Anju Kumari and had told her that if this tablet is taken, then one can die. 15. There are no allegations of any demand of dowry or any other reason of treating the deceased Anju Kumari with cruelty. It has come in the statement of PW-1, Sh. R.S. Minhas that deceased used to insist accused Hans Raj to take her with him to the place of his posting, however, he used to refuse her. 16. The learned trial Court after considering the entire evidence, has rightly acquitted the accused. We, therefore, find no merit in this appeal, which is accordingly dismissed. Bail bonds are discharged.