STATE OF HARYANA Vs. JASVINDER SINGH

JUDGEMENT

(1.) This appeal is by the State of Haryana against an order of acquittal recorded by the High Court of Punjab and Haryana at Chandigarh interfering with the conviction of the respondents under Section 498-A, Indian Penal Code by the learned Sessions Judge. On the basis of the First Information Report (F. I. R. ) given by the brother of the deceased, the police initially registered a case under Section 302 Indian Penal Code, but later on converted the same to one under Sections 306 and 498-A, Indian Penal Code. The prosecution case in nutshell is that the deceased was subjected to cruel treatment and harassed by the accused-respondents and she committed suicide on the fateful day on 3.8.1985 at 1 O' clock. The deceased was examined by the Doctor (Public witness -2) who found burn injuries to the extent of 90% as well as smell of kerosene oil from her body and after her death the post marten was conducted by Public witness -1.

(2.) On completion of investigation, charge sheet having been filed under Sections 306 and 498-A Indian Penal Code and the matter being committed, the accused persons stood their trial. The learned trial judge, on appreciation of the evidence on record, came to the conclusion that the prosecution has failed to establish the necessary ingredients of Section 306 Indian Penal Code to hold that the appellants abetted the commission of suicide in question and accordingly acquitted the accused-appellants of the said charge, but relying upon the testimony of the brother of the deceased (Public witness -9) , brother-in-law of the deceased (Public witness -10) , the maternal uncle of the accused (Public witness -8) and mother-in-law of Public witness - 9 (Public witness -11) , came to the conclusion that the ingredients of Section 498-A Indian Penal Code have been duly established and convicted the accused-respondents thereunder and sentenced them.

(3.) Against the conviction under Section 498-A, Indian Penal Code, the accused-appellants preferred appeal and against the acquittal of charge under Section 306 Indian Penal Code, the State came up in appeal to the High Court. Both these appeals were heard together and the impugned judgment dated 27th August, 1991, the High Court on reappreciation of the evidence on record, reaffirmed the order of acquittal passed by the learned sessions judge of the charge under Section 306 Indian Penal Code. So far as the conviction under Section 498-A, Indian Penal Code is concerned, the High Court considered the evidence of Public witness -9 and being of the opinion that the said witness has not stated material part of the substantive evidence in Court while being examined under Section 161 Cr. P. C. , particularly in respect of the alleged amount of dowry claimed to the tune of Rs,10,000. 00 and Rs. 50,00. 00 the High Court thought it fit not to rely upon the said testimony of Public witness -9. The High Court also considered the evidence of two other witnesses, Public witness s. 10 and 11 and abruptly came to the conclusion without any detailed examination of the same that they are inimically disposed of and being related to the deceased and, therefore, their evidence does not stand the strictest scrutiny which is required to be made by a court of law before accepting the testimony in question. Ultimately, the High Court acquitted the accused persons of the charge under Section 498-A, Indian Penal Code also.