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Himachal Pradesh High Court · body

2014 DIGILAW 579 (HP)

State of Himachal Pradesh v. Sanjeev Kumar

2014-05-15

RAJIV SHARMA, SURESHWAR THAKUR

body2014
Judgment Rajiv Sharma, J. This appeal is directed against the judgment dated 16.9.2006 passed by learned Additional Sessions Judge, Fast Track Court, Una, in Sessions Case No. 32/04 RBT 70/05/04, whereby accused persons, who were charged with and tried for offences punishable under Sections 498-A and 306 read with Section 34 of the Indian Penal Code, were acquitted. 2. The case of the prosecution, in a nutshell, is that the deceased Parveen Kumari got recorded her statement under Section 154 Cr. P.C. on 12.6.2003 vide Ext.PW9/B to the effect that she was married to accused Sanjeev Kumar as per Hindu rites and custom. One son was born out of the wedlock. She was residing with her parents-in-law. Her mother-in-law, Kamla Devi, used to taunt her for having black complexion. Her father-in-law, Julfi Ram, also used to abuse her. Her husband was not maintaining her properly. She had to live with her parents for about three months, but thereafter, she was brought back to her matrimonial house at village Talwai by her husband. On 9.6.2003, accused Gurbachni Devi came to her matrimonial house. When she wanted to pay respect by touching her feet, Gurbachni Devi did not allow her to do so. Her mother-in-law also rebuked her. Her mother-in-law and accused Gurbachni Devi went to village Dhandhri to attend a marriage. Thereafter, her father-in-law asked her husband to send her to her parental house. She refused to go there. She consumed some pesticide. She was admitted in Amb Hospital for treatment for overnight. On 12.6.2003, she was again brought to Amb Hospital, from where she was referred to Zonal Hospital, Una. The police also visited the Hospital and recorded the statement of deceased Parveen Kumari, vide Ext. PW9/B, on the basis of which, FIR, Ext.PW5/A was recorded under Sections 498-A read with Section 34 of the Indian Penal Code. The deceased Parveen Kumari was referred to PGI Chandigarh, where she died on 16.6.2003. As per post mortem report, Ext.PW9/E, cause of death was shock due to orange phosphorous poisoning. The offence under Section 304 was added in the FIR, Ext.PW5/A. The investigation was completed and the challan was put up in the court after completing all the codal formalities. 3. The prosecution examined as many as thirteen witnesses in support of its case. The accused persons were examined under Section 313 Cr. The offence under Section 304 was added in the FIR, Ext.PW5/A. The investigation was completed and the challan was put up in the court after completing all the codal formalities. 3. The prosecution examined as many as thirteen witnesses in support of its case. The accused persons were examined under Section 313 Cr. P.C. They denied the case of the prosecution and claimed innocence. Learned trial court acquitted the accused persons vide judgment dated 16.9.2006. Hence, the appeal. 4. Mr. Parmod Thakur, learned Addl. Advocate General, has vehemently argued that the prosecution has proved its case against the accused persons. 5. Mr. N.S. Chandel, learned Advocate, has supported the impugned judgment dated 16.9.2006. 6. We have heard learned counsel for the parties and have gone through the impugned judgment and record carefully. 7. FIR, Ext.PW5/A was recorded on the basis of statement of deceased Parveen Kumari under Section 154 Cr. P.C., Ext.PW9/B. Marriage between the accused Sanjeev Kumar and deceased Parveen Kumari was solemnized as per Hindu rites and custom. According to averments contained in the statement under Section 154 Cr. P.C., Ext.PW9/B, deceased Parveen Kumari used to be taunted by her mother-in-law, Kamla Devi for having black complexion. Her father-in-law, Julfi Ram, also used to abuse her. Her husband did not maintain her properly. On 9.6.2003, accused Gurbachni Devi visited her matrimonial house. She wanted to pay respect by touching her feet, but she was not permitted by Gurbachni Devi. Thereafter, her father-in-law asked her husband to send her to her parental house. She refused to do so. She consumed poison. She was taken to Amb Hospital, where she remained admitted overnight. On 12.6.2003, she was again taken to Amb Hospital, from where she was referred to Zonal Hospital, Una. Thereafter, she was referred to PGI Chandigarh, where she died on 16.6.2003. 8. The most material witnesses are PW1 Sheela Devi, mother of the deceased, PW2 Rattan Chand father of the deceased and PW3 Anita Devi, elder sister of the deceased. 9. PW1 Sheela Devi, mother of deceased, testified that the deceased was married to accused Sanjiv Kumar. She was treated properly for about six months after her marriage. Thereafter, she was harassed and taunted for having black complexion. She was also abused by the accused persons. Her daughter used to disclose her about the harassment whenever she visited the parental house. PW1 Sheela Devi, mother of deceased, testified that the deceased was married to accused Sanjiv Kumar. She was treated properly for about six months after her marriage. Thereafter, she was harassed and taunted for having black complexion. She was also abused by the accused persons. Her daughter used to disclose her about the harassment whenever she visited the parental house. Her daughter was harassed by her husband, mother-in-law, father-in-law and sister of her mother-in-law (Massi of her husband). When her daughter had come to her parental house, she was sent back to her matrimonial house on the basis of family settlement. She along with her minor son again came back to her parental house on the same day as the house was locked by her in-laws. Thereafter, her daughter stayed in her parental house for about two months. Thereafter, she was taken back by her husband to matrimonial house on undertaking that he would take care of her. According to her, when Parveen Kumari went to her in-laws house along with her husband, on 3rd day, she came to know that she had consumed something. She went to Hospital at Amb. She was shown to be suffering from jaundice. Since Parveen Kumari had consumed poison, she was shifted to Una, from where she was referred to PGI Chandigarh. She made statement at Una Hospital before the police that she had consumed poison and all the accused persons left her in the hospital. Her daughter used to disclose that she was being beaten up by her in-laws. She had seen injury marks on her back. In cross-examination, she admitted that all the accused persons accompanied her daughter when she was brought from Amb hospital to Una hospital. She left PGI Chandigarh when her daughter died in the hospital so as to make arrangement for bringing her dead body and thereafter, her husband brought the dead body. She did not make any complaint to Panchayat and Police against harassment of her daughter. She did not associate the relatives to sort out the controversy. 10. PW2, Rattan Chand, father of the deceased, deposed that he used to work as Halwai at Marinda in District Patiala. Whenever he used to come home, he was told by his daughter Parveen Kumari that she was being harassed by her in-laws. She did not associate the relatives to sort out the controversy. 10. PW2, Rattan Chand, father of the deceased, deposed that he used to work as Halwai at Marinda in District Patiala. Whenever he used to come home, he was told by his daughter Parveen Kumari that she was being harassed by her in-laws. He used to tell her that the matter would be settled down with the passage of time. His wife telephonically informed him that his daughter Parveen Kumari had taken some medicine and she was admitted in the hospital. He visited hospital at Una. He had taken his daughter to PGI Chandigarh, where she died. In cross-examination, he deposed that whenever he used to come to his house, his wife told him about harassment being meted out to his daughter at the hands of her in-laws. 11. PW3, Anita Devi, deposed that Parveen Kumari was her younger sister. Parveen Kumari used to tell her sometimes on telephone and sometimes when she visited her in-laws house that she was being harassed by the accused persons. According to her, once, she visited the house of in-laws of Parveen Kumari. She was sitting with her husband inside the kitchen. When she was going to serve meals to her father-in-law and mother-in-law, she was slapped by her husband and she was not allowed to come outside the kitchen. Her sister started disclosing her about the harassment by her husband after 2-3 months of her marriage. She could not disclose this fact to her parents since she was busy in looking after her ailing child at PGI Chandigarh. She came to know telephonically that Parveen Kumari had taken some medicine and when she visited her house, she was vomiting blood. She was admitted to Amb hospital, from where she was referred to Una Hospital. When her condition deteriorated, she was referred to PGI Chandigarh, where she died. In cross-examination, she deposed that there was no telephone in her house and in the house of the accused persons. When she came to know that her sister had taken something, she came to her parental house first, from where she went to Amb hospital. She was told that one patient suffering from jaundice was brought to the hospital. She went to the house of her sister, where she was found vomiting blood. Her mother did not accompany her. When she came to know that her sister had taken something, she came to her parental house first, from where she went to Amb hospital. She was told that one patient suffering from jaundice was brought to the hospital. She went to the house of her sister, where she was found vomiting blood. Her mother did not accompany her. She was accompanied by one neighbour on scooter. She met her sister in the hospital at Amb next day. Her parents were accompanied by neighbours, namely, Karam Chand, Trishla Devi and Pradhan. 12. PW5, ASI Parkash Chand, deposed that FIR Ext.PW5/A was registered on the basis of statement recorded under Section 154 Cr. P.C. 13. PW6, Dr. S.K. Verma, deposed that on 9.6.2003, Parveen Kumari was admitted in the hospital with the history of vomiting. She was discharged on 10.6.2003 at about 7.00 P.M. on request. On 12.6.2013, she was again brought to the hospital with the history of vomiting and pregnancy. She was suffering jaundice at that time and she was referred to Zonal Hospital, Una. In cross-examination, he admitted that during pregnancy, a woman could suffer from jaundice and pregnancy as well as jaundice both could be factor for vomiting. 14. PW9, HC Agya Ram, deposed that on 12.6.2013, he received an information from Zonal Hospital Una that a poison case had come in the hospital. He visited the hospital and recorded statement of Parveen Kumari under Section 154 Cr. P.C. and sent the same to the Police Station vide ruqua Ext.PW9/A. The statement was signed by Parveen Kumari and the doctor also attested the signature. Postmortem was got conducted at PGI Chandigarh vide application Ext.PW9/C. He obtained the post mortem report Ext.PW9/E. In cross-examination, he admitted that he did not mention the time before recording statement of Parveen Kumari. He recorded statement of Parveen Kumari at 10.45 P.M. He did not get certificate from the doctor that she was fit for making statement. According to him, parents of Parveen Kumari were also present when her statement was recorded. 15. PW11 ASI Kuldeep Kumar, deposed that he was posted as HC, Incharge, Zonal Hospital, Una. On 12.6.2013, a poison case came in the Hospital. He verified the same and came to know that the deceased was Parveen Kumari. Thereafter, he informed Incharge, Police Station Amb. He obtained MLC, Ext.PW4/A. 16. 15. PW11 ASI Kuldeep Kumar, deposed that he was posted as HC, Incharge, Zonal Hospital, Una. On 12.6.2013, a poison case came in the Hospital. He verified the same and came to know that the deceased was Parveen Kumari. Thereafter, he informed Incharge, Police Station Amb. He obtained MLC, Ext.PW4/A. 16. According to PW1 Sheela Devi, deceased Parveen Kumari was treated properly in her in-laws house for about six months after marriage. Thereafter, she was harassed by the accused persons. As per version of PW1 Sheela Devi, deceased Parveen Kumari was given beatings by her in-laws. She had seen injuries on her back. According to post mortem repot, Ext.PW9/E, no ante mortem injuries were found on the dead body of Parveen Kumari. Parveen Kumari was taken to hospital by all the accused when she was brought from Amb Hospital to Una Hospital. According to her, she left PGI Chandigarh when Parveen Kumari died so as to make arrangement for bringing her dead body and thereafter, her husband, PW2 Rattan Chand brought the dead body. In normal circumstance, mother would have accompanied the dead body of her daughter from hospital to house. However, dead body of Parveen Kumari was brought by her father and not by her mother. She categorically admitted that she did not make any complaint about harassment of her daughter before Panchayat or Police. It has come on record that no efforts were made to settle the matter amicably. No specific allegation has been levelled against the accused persons that they used to harass deceased Parveen Kumari. PW2, Rattan Chand categorically admitted that his daughter did not disclose him about harassment by her in-laws. According to PW3, Anita Devi, her sister Parveen Kumari disclosed her about harassment by her husband after 2-3 months of marriage. It has come in the statement of PW1 Sheela Devi that relations between husband and wife were normal for about six months. PW3 Anita Devi stated that when she came to know that her sister had consumed something, she firstly went to her parental house and thereafter to Amb Hospital. A prudent woman would have gone directly to the hospital to enquire about the health of the patient instead of going to her parental house. According to her, neighbours, Karam Chand, Trishla Devi and Pradhan were also present on the spot, when her sister was taken to Amb Hospital. A prudent woman would have gone directly to the hospital to enquire about the health of the patient instead of going to her parental house. According to her, neighbours, Karam Chand, Trishla Devi and Pradhan were also present on the spot, when her sister was taken to Amb Hospital. However, Karam Chand, Trishla Devi and Pradhan have not been cited as witnesses by the prosecution. 17. Deceased Parveen Kumari had consumed poison on 9.6.2003. She was admitted to Amb Hospital overnight and thereafter she was discharged. She was again admitted in Amb Hopsital on 12.6.2013, from where she was shifted to Una Hopsital. Thereafter, she was referred to PGI Chandigarh, where she died on 16.6.2003. Deceased Parveen Kumari was pregnant. It has come in the statement of PW6 Dr. S.K. Verma that during pregnancy, a woman could suffer from jaundice and the pregnancy as well as jaundice could be factor for vomiting. PW1 Sheela Devi and PW2 Rattan Chand deposed that the deceased Parveen Kumari had consumed some medicine. They did not mention that the deceased had consumed poison. The prosecution has not proved any instance, which was proximate to the death of the deceased. There are no specific instances of harassment alleged against the accused persons, except innocuous allegation that the accused persons used to taunt deceased Parveen Kumari for her black complexion. According to PW3 Anita Devi, once the deceased Parveen Kumari was not permitted to provide meals to her mother-in-law and father-in-law by her husband. She was even slapped by her husband. Why a husband would slap his wife for serving meals to her in-laws is not understandable. The prosecution has miserably failed to prove the case against the accused. 18. Accordingly, in view of the observations and analysis, made hereinabove, there is no merit in the appeal and the same is dismissed. Bail bonds are ordered to be discharged. Pending application(s), if any, also stands disposed of. No costs.