Research › Search › Judgment

Himachal Pradesh High Court · body

2012 DIGILAW 832 (HP)

State of Himachal Pradesh v. Ravinder Kumar alias Kali

2012-11-15

DEEPAK GUPTA, RAJIV SHARMA

body2012
Judgment Rajiv Sharma, J. State has come in appeal against the judgment of the learned Additional Sessions Judge (Fast Track Court) Kangra at Dharamshala rendered in S.C. No. 92-D/VII/2003 whereby respondent, who was charged with and tried for offences punishable under sections 306 and 498-A of the Indian Penal Code, has been acquitted on 18.6.2004. 2. Case of the prosecution, in a nutshell, is that PW-3 Desh Raj was living with his family at Panipat. He had two daughters and one son. His younger daughter had married with Ravinder Kumar in 1997 at Delhi. His daughter had married against his consent. However, the marriage was later on celebrated according to the Hindu rites and customs. He was not present in the marriage. His daughter did not come to his house for about four years but for the last one year she had been coming to his house. He had come to his house in village Dohab to attend the marriage of his sister’s son. His daughter had been coming daily to see him. On 23.11.2002 she had come at about 8.00 A.M. and told that accused Ravinder Kumar had given beatings to her. She also complained that accused had given beatings to her several times and had been complaining that she does not know the work. Thereafter, Indu Bala left the house and he lied down on the bed. His wife had also been telling him that accused had been harassing Indu Bala. He heard someone weeping in the direction of house of Indu Bala and went there and found that Indu Bala was lying in the room. He also came across the letter, which was found on her clothes and according to him this letter was not in the hand writing of his daughter. His daughter committed suicide due to harassment and beatings given to her by accused Ravinder Kumar. Statement of PW-3 Desh Raj was recorded vide PW-3/A, on the basis of which F.I.R. Ex.PW-10/A was registered. The post-mortem was conducted by PW-2 Dr. D.P. Swamy. According to him, Indu Bala died due to asphyxia of ante mortem hanging. Suicide note was also sent for examination. According to opinion Ex.PW-7/A, it was in the hand writing of Indu Bala. The matter was investigated and the challan was put in the Court after completing all the codal formalities. 3. The prosecution has examined number of witnesses. According to him, Indu Bala died due to asphyxia of ante mortem hanging. Suicide note was also sent for examination. According to opinion Ex.PW-7/A, it was in the hand writing of Indu Bala. The matter was investigated and the challan was put in the Court after completing all the codal formalities. 3. The prosecution has examined number of witnesses. Statement of accused under section 313 of the Code of Criminal Procedure was recorded. The case of the accused is of simplicitor denial. The trial court has acquitted the accused on 18.6.2004. It is in these circumstances, the State has filed the present appeal. 4. Mr. Vivek Singh Thakur, learned Additional Advocate General has vehemently argued that the prosecution has proved its case against the accused. According to him, the trial court has not correctly appreciated the oral as well as documentary evidence. 5. Ms. Kanta Thakur has supported the judgment of acquittal. 6. We have heard the learned counsel for the parties and have perused the records carefully. 7. PW-3 Desh Raj, father of deceased Indu Bala, has deposed that he was living at Delhi with his family in the year 2002. Thereafter, he migrated to Sonipat. He had two sons and one daughter. His daughter had contracted love marriage with accused Ravinder in the year 1997. He was against the marriage; therefore, he did not attend the marriage. His daughter did not visit his house for three years and he also did not visit her during this period. She started visiting his house after three years of her marriage. She was also talking to him on telephone after three years of marriage. On 20.10.2002, he had come to attend the marriage of his nephew. His daughter had been visiting him as the house of her in-laws was situated nearby his house. On 23.10.2002, his daughter started weeping and told him that accused had been giving beatings to her. Accused told her that she has cut the Saag which was not fit for human consumption and was fit for animals. He touched her face and she told that she had pain as accused had given severe beatings to her. He asked her to go to her house and also told that he shall consult her uncle, who was Superintendent of Police at Delhi. He took bath. He heard cries. He touched her face and she told that she had pain as accused had given severe beatings to her. He asked her to go to her house and also told that he shall consult her uncle, who was Superintendent of Police at Delhi. He took bath. He heard cries. When he went there, he saw that his daughter was lying dead. She had two children aged about two and four years. His daughter had told him that mother of accused Ravinder Kumar had been saying that she wanted daughter-in-law, who could do agriculture work. He noticed ligature marks on the neck of her daughter. Her tongue was not protruded outside the mouth and her eyes were open. Accused Ravinder Kumar and his family members were in the house. He also contacted his brother-in-law, who was Superintendent of Police at Delhi. His brother-in-law rang up the police and thereafter the police visited the house of the accused. He gave his statement Ex.PW-3/A. There was one double bed below the ceiling fan. His daughter had appeared in the B.A.-1 examinations. The police reached the spot and one lady constable searched his daughter. Nothing was recovered during the search. Thereafter, two lady constables came there and the S.H.O. asked them to take search properly. During this search, one letter mark PX was recovered. He was familiar with the hand writing of his daughter. According to him mark PX was not in the hand writing of his daughter. He has given the copy of hand writing of his daughter to the police at Delhi. In his cross-examination, he has admitted that he has never visited the house of accused till the death of his daughter, though volunteered that after the compromise, they had visited the house of accused. He has also admitted categorically in his cross-examination that accused had been maintaining Indu Bala and her children properly. He has also admitted that accused had been paying the expenses of her education. He has admitted that when he reached the village of the accused, Pradhan, Up-Pradhan and other villagers had also reached there. He has also admitted that he has not mentioned in his statement to the police that accused has told his daughter that she had cut the Saag, which was not fit for human consumption. He also admitted that the police recorded his statement after conducting search of the dead body. He has also admitted that he has not mentioned in his statement to the police that accused has told his daughter that she had cut the Saag, which was not fit for human consumption. He also admitted that the police recorded his statement after conducting search of the dead body. He also deposed in his cross-examination that his relatives had not called his daughter to attend the marriage. According to him, his relatives were not happy with his daughter as she had married in the same village. He has further admitted that villagers had been taunting his daughter that she had married in the same village, which was hurting her. 8. PW-4 Gautmi Devi is the mother of deceased Indu Bala. She has testified that her family had not attended the marriage ceremony, which was performed in the year 1997. She had been weeping on telephone and telling that she had done a wrong act. In July, 2002, she visited her house alongwith accused and they were happy. Her daughter had gone in the month of May, 2002 to Delhi and stayed at Delhi alongwith accused and there was a quarrel between accused and his daughter. Accused told her that he will not take her with him and marry with some other girl and will teacher her lesson. She advised her daughter and accused to live peacefully. In March, 2002 accused Ravinder informed her on telephone that her daughter was quarreling with him. Thereafter, she talked to her daughter. She told her that accused was beating her and has made her life miserable. Her daughter expired on 23.11.2002 and on that day she was at Panipat and reached on the next morning. When she reached at village Dohab and tried to see the dead body, then the accused gave beating to her and his elder daughter and did not allow to see the dead body. According to her, letter mark PX, which was shown to her, was not in the hand writing of her daughter. In her cross-examination, she has deposed that she has given the statement to the police that when she tried to see the face of her daughter, the accused had given beatings to her, but this statement was not recorded by the police. In her cross-examination, she has deposed that she has given the statement to the police that when she tried to see the face of her daughter, the accused had given beatings to her, but this statement was not recorded by the police. She has also admitted that she has not mentioned to the police that in May, 2002 the accused has tried to strangulate her daughter with Dupatta in his house at Delhi. 9. PW-5 Mohan Lal is maternal uncle of deceased Indu Bala. According to him, Indu Bala was married to Ravinder Kumar. In July, 2003 he alongwith Gautmi Devi and Desh Raj had gone to the house of accused and found that Indu Bala and Ravinder were quarrelling with each other and they advised them not to quarrel on petty matters. In her cross-exemption, he has deposed that he alongwith his sister Gautmi Devi (PW-4) and Desh Raj (PW-3) had gone to the house of accused in the month of August, but it was not recorded in his statement made under section 161 of the Code of Criminal Procedure. He has also admitted that after the marriage of Indu Bala, they stopped visiting for sometime. He has admitted that he did not make any report to the police about the maltreatment meted out to Indu Bala by the accused. 10. PW-6 Suresh Kumar is son-in-law of PW-3 and PW-4. According to him, accused and deceased had visited him at Delhi when Indu Bala had come to appear in the examination. She stayed for about 5-6 days with him. Accused Ravinder had also come and stayed with them. Deceased Indu Bala had been complaining against the accused that he had been giving beatings to her. He advised the accused not to give beatings to her. 11. PW-7 Visheshwar Sharma has deposed that he has given reasons for opinion vide Ex. PB. According to his opinion, the admitted documents A-1 to A-21 and questioned document Q-1 has been written by one and the same person. 12. The investigation of the case has been carried out by PW-10 Pritam Singh. He received the information in the Police Station. He proceeded to the spot. The dead body of the deceased was searched by the lady constable Santosh Kumari. The search was conducted twice. 12. The investigation of the case has been carried out by PW-10 Pritam Singh. He received the information in the Police Station. He proceeded to the spot. The dead body of the deceased was searched by the lady constable Santosh Kumari. The search was conducted twice. In the first search nothing was recovered during the course of second search letter Ex.PW-7/A was recovered, which was taken into possession vide memo Ex.PW-1/B. He recorded the statement of Desh Raj vide Ex.PW-3/A. He also prepared the spot map. He recovered both pieces of Dupatta, one from the ceiling fan and other from the ground vide memo Ex.PW-1/A. He also took into possession Darat vide memo Ex.PW-1/C. 13. PW-1 Sanjay Kumar has deposed that he was associated during the course of investigation. The police has taken into possession Dupatta vide memo Ex.PW-1/A. He also signed memo Ex.PW-1/A. The police has recovered one letter vide memo Ex.PW-1/B. It was also signed by him and Prithi Singh. According to him, the dead body was searched only once in his presence. The accused had also produced one Darat which was taken into possession vide memo Ex.PW-1/C. In his cross-examination, he has deposed that he did not know that before recovery of the suicide note mark PX, her mother and maternal uncle had searched her body and nothing was recovered and later on the letter was planted by Shankutla Devi and Giano Devi. 14. The post mortem was conducted by PW-2 Dr. D.P. Swamy. According to him, Indu Bala died due to asphyxia of ante mortem hanging. There was no evidence of smell. No traces of poison were seen on or inside body clinically. The time lapsed between injury and death was 2 to 10 minutes and between death and post- mortem was around 24 hours. According to him, the victim has committed suicide by hanging. 15. What emerges from the evidence enumerated hereinabove is that there was no demand of any dowry by the accused or his family members. Indu Bala had contracted love marriage with the accused. The family of deceased Indu Bala had not attended the marriage ceremony. PW-3 was told by Indu Bala that accused has given beatings to her when he visited his village. He told her that he would talk to the accused after taking bath. He has deposed that his daughter was complaining about the beatings given to her. The family of deceased Indu Bala had not attended the marriage ceremony. PW-3 was told by Indu Bala that accused has given beatings to her when he visited his village. He told her that he would talk to the accused after taking bath. He has deposed that his daughter was complaining about the beatings given to her. However, according to PW-2 Dr. D.P. Swamy, no injuries were seen on the body of the deceased. It is not understandable why PW-3 Desh Raj immediately did not proceed to the house of the accused when he was apprised by his daughter about the beatings. The normal human conduct would have been to proceed to the house of the accused. He has also admitted that Pradhan and Up-Pradhan were also informed by the accused about the incident. He has also admitted in his cross-examination that the villagers were taunting his daughter that she has married in the same village. He has admitted that his relatives had not called Indu Bala in the marriage. He has also admitted that his relatives were not happy with her daughter as she had married in the same village and for this reason, she was unhappy. PW-3 has also deposed that accused Ravinder Kumar was maintaining Indu Bala and her children properly and was paying education expenses. PW-4 has also testified that she did not attend the marriage of her daughter, which was performed in the year 1997. When she visited her daughter’s house, they were happy. It has not come in her statement recorded under section 161 of the Code of Civil Procedure that when she tried to see the dead body, she was obstructed by the accused. This she has stated for the first time in the Court. It has come in the statement of PW-5 that in July, 2002 when he alongwith Gautmi Devi and Desh Raj had gone to the house of accused, they found accused Ravinder quarrelling with Indu Bala on petty matters. PW-4 has deposed that when they visited her in July, 2002, the couple was happy. According to PW-6 Suresh Kumar, accused and deceased had visited him at Delhi when Indu Bala had to take examinations. They stayed with him for about 5-6 days. PW-4 has deposed that when they visited her in July, 2002, the couple was happy. According to PW-6 Suresh Kumar, accused and deceased had visited him at Delhi when Indu Bala had to take examinations. They stayed with him for about 5-6 days. Neither PW-3 nor PW-4 nor PW5 nor PW-6 had reported the matter either to the Panchayat or to the Police about the maltreatment meted out to Indu Bala. No injuries were found on the body of deceased Indu Bala by PW-2 Dr. D.P. Swamy. Indu Bala has contracted the marriage with the accused without the consent of family. The family of the deceased was not visiting the house of accused. Since the deceased Indu Bala was not invited by the relatives to attend the marriage, the possibility of her being hurt cannot be ruled out. According to PW-7 Visheshwar Sharma, suicide note was in the hand writing of deceased Indu Bala. The hand writing has been compared by PW-7 with the documents supplied by the parents of the deceased. There are material contradictions in the statements of prosecution witnesses. The prosecution has failed to prove that the accused had been maltreating the deceased and forced her to commit suicide by hanging. There was no demand of dowry by the accused, as noticed above. 16. Accordingly, the learned trial court has rightly acquitted the accused and this Court will not interfere with the well reasoned judgment of the trial court. 17. Consequently, in view of the observations and discussions made hereinabove, there is no merit in the appeal and the same is dismissed. Bail bonds are discharged. No costs.