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2016 DIGILAW 409 (HP)

State of Himachal Pradesh v. Pawan Kumar

2016-04-04

RAJIV SHARMA, SURESHWAR THAKUR

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JUDGMENT : Rajiv Sharma, J. State has appealed against judgment dated 14.3.2012 rendered by learned Sessions Judge, Fast Track Court, Kangra at Dharamshala, in S.T. No. 3/12, whereby respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for commission of offence under Sections 498A/306/34 IPC, have been acquitted. 2. Case of the prosecution, in a nutshell, is that on 24.11.2006, Dalip Chand lodged a case against the accused persons with the allegations that his daughter Rajani Devi was married to accused Pawan Kumar on 3.8.2006, as per Hindu rites and customs. It is further alleged that after 15 days of marriage, accused Pawan Kumar along with his mother Kesari Devi, brother Kuldeep Kumar and Bhabhi Anu Kumari, brother-in-law Sanjay and sister Champa Devi started torturing, harassing, giving beatings and not providing proper meals to Rajani Devi for bringing insufficient dowry. It is alleged that he was told by his daughter in this regard through telephone and he asked his daughter that he will talk with the accused persons and make them able to understand the matter. He went to the matrimonial home of his daughter and asked the accused persons not to torture and harass his daughter but, even then, they did not stop torturing and harassing his daughter. His daughter, on 11.11.2006, came to his house from Ludhiana along with her husband. She appeared unhappy and was saying that she will not go to her matrimonial home but he was able to make her go to her matrimonial home. On 24.11.2006 at about 6.45 PM, he came to know through Vivek Sharma that Rajani Devi has committed suicide by hanging. It is alleged that his daughter committed suicide as she was harassed by the accused persons. He along with his family members went to the matrimonial home of his daughter. Inquest report was prepared and post-mortem was got conducted. Matter was investigated and challan was put up in the Court after completing all codal formalities. 3. Prosecution has examined as many as 18 witnesses to prove its case against the accused. Accused were also examined under Section 313 Cr.P.C. Accused denied the case of the prosecution. Accused were acquitted. Hence, this appeal. 4. Mr. M.A. Khan, Additional Advocate General, has vehemently argued that the prosecution has proved its case against the accused persons. 5. 3. Prosecution has examined as many as 18 witnesses to prove its case against the accused. Accused were also examined under Section 313 Cr.P.C. Accused denied the case of the prosecution. Accused were acquitted. Hence, this appeal. 4. Mr. M.A. Khan, Additional Advocate General, has vehemently argued that the prosecution has proved its case against the accused persons. 5. We have heard the learned counsel for the appellant and gone through the judgment and record very carefully. 6. PW-1 Dr. Jitendra Saxena, deposed that on 25.11.2006, police moved an application Ext. PW-1/A along with inquest papers Ext. PW-1/B for conducting post mortem of Rajani Devi. He conducted post mortem. He found 30 cm long brown coloured ligature mark of varying width seen around neck extending from back of neck downward and forward through front of neck and then upward toward left side along the line of mandible. Ligature mark was present over the thyroid cartilage between the larynx and chin. The maximum width of ligature was present on right side of neck measuring 3 cm and minimum width was 1 cm in rest of ligature mark. In his opinion, the deceased died due to ante mortem hanging causing asphyxia and cardio respiratory arrest. Post mortem report is Ext. PW-1/C and final opinion is Ext. PW-1/D. 7. PW-2 Ashwani Kumar deposed that on 24.11.2006 at about 5.30 PM, Kesari Devi told him through telephone that her daughter-in-law was ill and asked him to send a doctor. He along with doctor Rajesh Kumar went to the house of Kesari Devi and when doctor checked her, she was found dead. In his cross-examination, he has admitted that Rajani Devi and her family were related to them and he and his wife had arranged marriage of Rajani Devi and Pawan Kumar. He also deposed that after marriage of Rajani, no complaint was made to them by her parents. He also admitted that he informed parents of Rajani Devi about her death. 8. PW-3 Rajesh Kumar deposed that on 24.11.2006, at about 5.30 PM, Ashwani Kumar came to him and asked to go to the house of Des Raj as his daughter-in-law was ill. He along with Ashwani went to the house of Des Raj and on checking, found daughter-in-law of Des Raj dead. 9. PW-4 Rajan Sharma deposed that deceased was his sister. He along with Ashwani went to the house of Des Raj and on checking, found daughter-in-law of Des Raj dead. 9. PW-4 Rajan Sharma deposed that deceased was his sister. At the time of marriage, articles were given as per their capacity. After marriage Pawan and Rajani went to Ludhiana where he used to do private job. From Ludhiana, telephone came to his father in the house of neighbour and Rajani told that accused used to torture her, on which his father replied that matter would be solved at home. When Rajani came to the house of her in-laws, then his father visited there and asked them to understand the things. He also went to the house of in-laws of Rajani Devi and he was also tortured by accused persons. Rajani told him that she was pregnant and if she gave birth to female child then accused would kill her. They used to harass her for bringing insufficient dowry. In his cross-examination, he has admitted that after marriage, accused immediately took Rajani with him to Ludhiana. He could not tell the date and month when his father went to the in-laws of Rajani. He never made any complaint against accused persons in the Panchayat. 10. PW-6 Dalip Chand Sharma is the father of the deceased. According to him, after 15 days of marriage, accused started giving beatings to her for bringing insufficient dowry. She was not provided meals by the accused. His daughter told about the behaviour of accused towards her when she came to his house. Thereafter she was made to go to her matrimonial home with the assurance that he would talk to the accused persons. His daughter visited him on 11.11.2006 and again made complaint against accused persons and he again asked her to go to her matrimonial home. She was not happy. On 24.11.2006, he received telephonic message from his brother-in-law that Rajani has committed suicide by hanging. He went to the house of Rajani and noticed marks of hanging. His daughter had committed suicide as she was tortured for bringing insufficient dowry. His statement was recorded under Section 154 CrPC which is Ext. PW-6/A. In his cross-examination, he has admitted that on 16.8.2006, Pawan took Rajani with him to Ludhiana. He also admitted that on the day of Diwali i.e. on 21.10.2006, Rajani and Pawan came to his house. His daughter had committed suicide as she was tortured for bringing insufficient dowry. His statement was recorded under Section 154 CrPC which is Ext. PW-6/A. In his cross-examination, he has admitted that on 16.8.2006, Pawan took Rajani with him to Ludhiana. He also admitted that on the day of Diwali i.e. on 21.10.2006, Rajani and Pawan came to his house. He has not lodged any complaint against accused persons with the Panchayat during the lifetime of his daughter. 11. PW-7 Krishan Kumar deposed that Rajani was the daughter of his real brother, Dalip Chand. Rajani used to tell that accused persons harassed her for bringing insufficient dowry. In his cross-examination, he has admitted that on the day of Diwali, Pawan and Rajani were at the house of Rajani‘s father and had stayed for night and next morning they left for Ludhiana. 12. PW-8 Gulshan Kumar deposed that Rajani was his cousin. He along with his sister went to the matrimonial home. Accused abused Rajani in his presence. In his cross-examination, he has admitted that he went to the matrimonial home of Rajani in 2006. He could not tell the day and date. 13. PW-9 Vivek Sharma deposed that deceased Rajani was his niece. On 24.11.2006, information was received from someone that Rajani has committed suicide. 14. PW-11 Kanta Devi is the mother of the deceased. According to her, after 15 days of marriage, accused started giving beatings and torturing Rajani and did not provide meals to her daughter for bringing insufficient dowry. Her daughter committed suicide as she was tortured by giving beatings and she was maltreated. In her cross-examination, she has admitted that Pawan was working at Ludhiana and after 15 days of marriage, Rajani went to Ludhiana. Rajani came back from Ludhiana two days prior to Diwali. On the night of Diwali, Rajani and Pawan stayed at their house and next morning both left for Ludhiana. She admitted that her daughter‘s mother-in-law, Jeth and Jethani used to reside at village Churhu and Nanad and Nandoi, resided at village Muhn. 15. PW-16 Inspector Surinder Thakur recorded statement of Dalip Chand under Section 154 Cr.P.C. which is Ext. PW-6/A. He prepared inquest papers. Body was sent to the Civil Hospital, Dehra for post-mortem. Case property was sent for chemical examination. Reports of the chemical examiner are Exts. PA and PB. 15. PW-16 Inspector Surinder Thakur recorded statement of Dalip Chand under Section 154 Cr.P.C. which is Ext. PW-6/A. He prepared inquest papers. Body was sent to the Civil Hospital, Dehra for post-mortem. Case property was sent for chemical examination. Reports of the chemical examiner are Exts. PA and PB. In his cross-examination, he has admitted that prior to the incident, no complaint was lodged against accused persons by the parents or any other person. He also admitted that no complaint was lodged with the Panchayat also. He also admitted that accused Pawan was working at Ludhiana. He had come on 15 days leave for marriage and on 16th day he went to Ludhiana along with his wife. He also inquired from Pradhan and other people of the area about the accused but no complaint was found against the accused persons. 16. PW-2 Ashwani Kumar, in his cross-examination has categorically admitted that after marriage of Rajani, no complaint was made to them by her parents. PW-4 Rajan Sharma, brother of the deceased, in his cross-examination has admitted that after marriage, accused immediately took Rajani to Ludhiana with him. He has never filed any complaint against accused persons before the Panchayat. PW-6 Dalip Chand, also admitted in his cross-examination that he has not lodged any complaint against accused persons, during the life time of his daughter. He also admitted that on the day of Diwali, Rajani and Pawan, both, came to his house i.e. on 21.10.2006. PW-7 Krishan Kumar also admitted in his cross-examination that on the day of Diwali, Pawan and Rajani were at the house of Rajani‘s father. PW-11 Kanta Devi is a material witness being mother of the deceased. In her cross-examination, she admitted that Pawan was working at Ludhiana and after 15 days of marriage, Rajani went to Ludhiana along with Pawan. Rajani came back two days prior to Diwali. Rajani and accused Pawan stayed at their house and next morning left for Ludhiana. She also admitted that her daughter‘s mother-in-law, Jeth, Jethani used to reside in village Churhu and Nanad and Nandoi used to reside at village Muhn. There are no specific instances of any torture by the accused to the deceased. Deceased has remained for most of the period with her husband at Ludhiana. No complaint has ever been lodged with the police or with the Panchayat. There are no specific instances of any torture by the accused to the deceased. Deceased has remained for most of the period with her husband at Ludhiana. No complaint has ever been lodged with the police or with the Panchayat. PW-16 Surinder Thakur has also made inquiries from the Pradhan and other people of the area. However, no complaint was found against accused persons. He also admitted in his cross-examination, as noticed above, that prior to the incident, no complaint was lodged against accused persons by the parents of the deceased or any other person. Accused Pawan Kumar had come for 15 days leave for marriage and on the 16th day, he went back to Ludhiana with his wife. Deceased and Pawan Kumar were at the house of PW-6 Dalip Chand. 17. Case of the prosecution is that the accused persons started harassing Rajani after 15 days of marriage. However, fact of the matter is that accused Pawan Kumar had come to his native place on 15 days leave and he left for Ludhiana on 16.8.2010. Accused persons were residing at different places. PW-16 Surinder Thakur has not made any investigation as to what happened at Ludhiana. Allegations levelled are general in nature. There is no categorical evidence to prove that accused persons have abetted deceased to commit suicide. Prosecution has failed to prove case against accused persons under Sections 498A/306/34 IPC. 18. Thus, there is no occasion for us to interfere with the well reasoned judgment of the learned trial Court. The appeal fails and is accordingly dismissed. All pending applications are also disposed of.