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2016 DIGILAW 1453 (HP)

State of H. P. v. Shashi Bhushan Mankotia

2016-07-21

RAJIV SHARMA, VIVEK SINGH THAKUR

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JUDGMENT : Rajiv Sharma, J. State has come in appeal against the judgment dated 20.4.2010 rendered by the Additional Sessions Judge, Fast Track Court, Kangra at Dharmashala in Sessions Trial No. 16/2010 whereby the respondent-accused (hereinafter referred to as the “accused”), who was charged with and tried for offences punishable under sections 306 and 498-A of the Indian Penal Code, has been acquitted. 2. Case of the prosecution, in a nutshell, is that one Reema sister of Sanjay Guleria was married to accused in the year 2003. Initially, accused and Reema resided at village Lahru, but subsequently, shifted to rented accommodation at Narwana. After one year of marriage, accused started picking up quarrels with Reema under the influence of liquor. Accused continued torturing Reema physically as well as mentally. On 18.11.2008 at about 5.30 A.M., Sanjay received telephonic information from the accused that Reema has become unconscious. When he went to the house of accused, Reema was found dead. Accused told him that there was a fight between him and Reema at about 11.30 P.M. Thereafter, accused found that Reema has committed suicide by hanging herself. The report was lodged. Post-mortem was conducted. Medical examination of accused was also got conducted and his blood sample was also taken. The police investigated the case and the challan was put up in the Court after completing all the codal formalities. 3. Prosecution examined as many as 13 witnesses in all to prove its case against the accused. Statement of accused under Section 313 Cr.P.C. was recorded. He pleaded his innocence. Accused was acquitted by the trial court vide judgment dated 24.4.2010. Hence, the present appeal. 4. Mr. V.S. Chauhan, learned Addl. A.G. has vehemently argued that the prosecution has proved its case against the accused. 5. Mr. Rajesh Mandhotra, Advocate has supported the judgment dated 24.4.2010. 6. We have heard the learned counsel for the parties and have gone through the judgment and record meticulously. 7. PW-1 Sanjay Guleria is the brother of deceased Reema. He has deposed that Reema was married with the accused in the year 2003. They initially resided at village Lahru. Thereafter, they shifted to Narwana in rented accommodation. One son was born out of the wedlock. The son was 4½ years old. The cause of fight between accused and Reema was drinking habit of accused. He has deposed that Reema was married with the accused in the year 2003. They initially resided at village Lahru. Thereafter, they shifted to Narwana in rented accommodation. One son was born out of the wedlock. The son was 4½ years old. The cause of fight between accused and Reema was drinking habit of accused. About 2-3 months prior to her death, he had taken his sister to Chandigarh to avoid bickering in the family. His sister stayed at Chandigarh for two days. He made her understand. Thereafter, he brought her back and left in the house of accused. Accused was also asked to maintain peace. On 18.11.2008 at about 5.30 A.M., brother of accused telephoned him and told that accused was crying and he has asked him to go and find out what has happened. He went to the house of accused. He saw his sister was lying on the bed. Accused was giving her water. The body of his sister had become cool. He inquired from the accused. He told that on the previous night there was fight between him and Reema and during night hours when he woke up to have a cigarette, he found Reema has committed suicide by hanging herself. Accused had cut the Dupatta with knife and brought down the body. He noticed blue marks over the face and leg of Reema. He also noticed Dupatta hanging from the hook of fan. His sister committed suicide due to beatings administered to her by the accused. His statement was recorded by the police vide Ex.PW-1/A. Police took into possession the case property. Before the incident, his mother had demanded Rs. 50,000/- from him. His mother had told that she wanted to construct one room at Haridwar in the memory of his father. He had paid the money to his mother. Later on, his mother told him that she has paid the money to his sister Reema. This was disclosed to him by his mother after the death of Reema. In his cross-examination, he has deposed that his sister did not like consumption of liquor by the accused. His sister had been visiting Chandigarh from her in-laws house as well as from Narwana. 8. PW-2 Desh Raj has deposed that he was resident of village Narwana. In the month of November, 2008, accused was residing as a tenant in the house of his brother. His sister had been visiting Chandigarh from her in-laws house as well as from Narwana. 8. PW-2 Desh Raj has deposed that he was resident of village Narwana. In the month of November, 2008, accused was residing as a tenant in the house of his brother. He has seen Shashi Bhushan coming to house in normal condition and he never heard that accused consumed liquor. He was declared hostile and was cross- examined by the learned Public Prosecutor. In his cross-examination, he has admitted that he did not know whether in the night of 17.11.2008, Reema Devi has committed suicide after hanging herself. He came to know about her death in the next morning at 7.00 A.M. when people had assembled. 9. PW-3 Nirmala Devi is the mother of deceased. She has deposed that her daughter had told her that accused was demanding money, upon which she gave Rs. 50,000/-. She had taken the money from her son. Accused did not mend his ways even after receiving Rs. 50,000/-. On 18.11.2008, in the morning, her son telephoned her and told that Reema has met with an accident. When she went to the spot, she saw the dead body of her daughter. She noticed the injury marks on her body. In her cross-examination, she has admitted that her daughter did not like consumption of liquor by the accused. She has denied the suggestion that she had not paid Rs. 50,000/- to the accused. 10. PW-4 Dr. Naresh Gupta has conducted the post mortem of the deceased. He noticed the following injuries on her body: 1. The right eye brows were swollen and bluish in colour. There was a single small laceration on the right upper eyebrow. 2. There was soft tissue swelling on the right side of upper aspect of face. 3. There was soft tissue swelling in the right temporal region. On further examination no hemorrhage outside the skull or in the dura was found. No bleeding from right ear was present. 4. Some blood mixed with mucus was observed flowing out of the right nostril. 5. There was a reddish bruise 2cmx1/2 cm in size on the junction of the neck with the submandibular part of the face on the right side about 2cm from the midline. 6. No bleeding from right ear was present. 4. Some blood mixed with mucus was observed flowing out of the right nostril. 5. There was a reddish bruise 2cmx1/2 cm in size on the junction of the neck with the submandibular part of the face on the right side about 2cm from the midline. 6. There was a bruise reddish in colour transversely placed in the midline at the junction of the neck and the submandibular part of the face. It was about 4 ½ cm in length and ½ cm in breadth. 7. There was a small laceration 1 and ½ cms outside the outer angle of right eye. 8. There was a bluish red bruise irregular in outline and 4cm x 3 cm in size on the lower 1/3rd of left side of neck. There were two small lacerations on the middle of it. 9. There were three small lacerations on the outer aspect of back of right wrist. 10. The palms of both the hands were tinged bluish. 11. There was a small contusion dull reddish in colour on the lower lateral portion of left leg just above knee level. 12. There was a vertical laceration 4 cm long on the lower 1/3rd of left leg behind the left lateral malleolus. 13. There was a bruise dull red in colour 3cm x ½ cm in size on front of moddle of left leg. 14. There were multiple extremely small lacerations on the feet and hands. 11. PW-5 Rajesh Rana has deposed that he had gone to the house of accused alongwith his family on 14.11.2008. They stayed in the house of accused and came back in the next morning. He was declared hostile and was cross-examined by the learned Public Prosecutor. 12. PW-6 Dr. Rajesh Kumar has examined the accused. He issued MLC Ex.PW-6/B. The injury received by him was simple in nature. Weapon used was blunt. Duration was within 12 to 48 hours. 13. PW-11 Inspector Rajeev Attri has deposed that on 18.11.2008, he received telephonic information from Police Post, Yol that one lady was found dead nearby Yol. Report was lodged. He went to Narwana Khas alongwith police party. He recorded statement of complainant Sanjay Guleria Ex.PW-1/A under section 154 Cr.P.C. The case property was taken into possession. 14. The marriage between the accused and deceased was solemnized in the year 2003. Report was lodged. He went to Narwana Khas alongwith police party. He recorded statement of complainant Sanjay Guleria Ex.PW-1/A under section 154 Cr.P.C. The case property was taken into possession. 14. The marriage between the accused and deceased was solemnized in the year 2003. It has come in the statement of PW-1 Sanjay Guleria that accused used to consume liquor. He had also taken his sister to Chandigarh to avoid bickering in her house. His sister stayed at Chandigarh for two days. He made her understand. Thereafter, he brought her back and left in the house of accused. He also inquired from the accused. Accused told him that a quarrel had taken place between him and Reema during night. He has categorically deposed that his mother had given a sum of Rs. 50,000/- to the accused. He had also noticed blue marks over the face and leg of Reema. Statement of PW-1 Sanjay Guleria has been corroborated by PW-3 Nirmala Devi. She has also deposed that the accused had demanded a sum of Rs. 50,000/-. The amount was paid by her to the accused by borrowing the same from her son. She had also noticed injuries on her body. It has come on record that the accused used to pick up quarrel with Reema after consuming liquor. PW-4 Dr. Naresh Gupta has noticed as many as 14 injuries on the body of deceased. The post-mortem report is Ex.PW- 4/B. The probable time between injury and death was within 5 minutes and between death and post-mortem 12 to 24 hours. She died due to asphyxia. Accused was also medically examined at Zonal Hospital, Dharamshala as per MLC Ex.PW-6/B. The prosecution has proved beyond reasonable doubt that accused has abetted/incited deceased Reema to commit suicide. The severe beatings given to Reema Devi are evident from MLC Ex.PW-4/B. She had received as many as 14 injuries on her person. These injuries cannot be self inflicted. She hanged herself and died due to asphyxia. Accused had demanded a sum of Rs. 50,000/- from Reema. Rs. 50,000/- were given to the accused by the mother of deceased. PW-3 Nirmala Devi had borrowed the money from her son. Accused has treated the deceased with cruelty within the ambit of section 498-A of the Indian Penal Code. She hanged herself and died due to asphyxia. Accused had demanded a sum of Rs. 50,000/- from Reema. Rs. 50,000/- were given to the accused by the mother of deceased. PW-3 Nirmala Devi had borrowed the money from her son. Accused has treated the deceased with cruelty within the ambit of section 498-A of the Indian Penal Code. Accused himself has told PW-1 Sanjay Guleria that there was a fight and thereafter he went out to sleep and later on found that his wife has committed suicide. 15. Learned trial court has given perverse findings that the prosecution was required to produce evidence to establish that prior to coming of accused to his house in the night of 17.11.2008; deceased Reema was having no injuries on her person. The factum of injury on the person of accused proves that a scuffle had taken place between husband and wife. Learned trial court has further erred by observing that deceased herself might be aggressor and in that event the accused would not be held liable. Accused has abetted Reema to commit suicide. He has subjected deceased to criminal cruelty. Multiple injuries have been inflicted on the person of Reema by the accused. The deceased was severely beaten up and thereafter she committed suicide. The accused has subjected the deceased to cruelty with a view to coerce her to meet unlawful demand of Rs. 50,000/-. 16. Consequently, in view of analysis and discussion made hereinabove, the prosecution has proved its case beyond reasonable doubt against the accused for offences punishable under sections 306 and 498-A of the Indian Penal Code. 17. Accordingly, the appeal is allowed. Judgment dated 24.4.2010 rendered by the Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in Sessions Trial No. 16/2010 is set aside. The accused is convicted for offences punishable under sections 306 and 498-A of the Indian Penal Code. Accused be produced in the Court to be heard on the quantum of sentence on 28.7.2016. The bail bonds are cancelled. 17. The Registry is directed to prepare the production warrants.