RAMESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by special leave is directed against conviction of Ramesh Kumar, the accused-appellant, on charges under Sections 306 and 498-A IPC. He was sentenced to seven years' rigorous imprisonment under Section 306 IPC and to two years' rigorous imprisonment under Section 498-A IPC, both the sentences having been directed to run concurrently. The conviction along with sentences has been maintained by the High Court. His father Shiv Kumar, mother Gargi Devi and brother Mahesh were also tried for offences under Section 306 and 498-A IPC. The Trial Court found them "not guilty" and "innocent" and hence acquitted the three of them of both the charges. That acquittal has achieved a finality as not challenged by any one.

(2.) Seema Devi, daughter of Sohan Lal Sharma (PW16) and Smt. Prabhawati Devi (PW19) was married with accused-appellant on 23-6-1985. On 17-6-1986, within one year of marriage, Seema died of suicide. On 16-6-1986, she poured kerosene on herself and set herself to fire. Before committing suicide she wrote a suicide note and a letter to her husband in a diary (Article 'A') on pages 11 and 12 thereof. Her dying-declaration (Exbt. P/10) was recorded on 16-6-1986 by PW 13, Parmeshwar Dayal, Tehsildar and Executive Magistrate. Sohan Lal Sharma is a resident of Raipur, Madhya Predesh. The accused-appellant was residing in Shantinagar locality of Raipur. Seema's elder sister Shalini (PW5) married with Dr. Ramadhar Sharma (PW6) is also residing in Raipur. Thus, the three families, i.e., the family of father of Seems, the family of her elder sister Shalini and the family of the accused-appellant are all residents of Raipur though residing in different localities at reasonable distances from each other. Nevertheless the three families were on visiting terms as admitted by almost all the witnesses. The finding of guilt as recorded by the Trial Court and the High Court rests on the testimony of five witnesses, namely, Atul Kumar (PW4), brother of the deceased, Shalini and Dr. Ramadhar Sharma (PW5 and PW6), respectively the sister and sister's husband of the deceased, Sohan Lal Sharma and Prabhawati Devi (PW16 and PW19), parent of the deceased. In addition, there is a very pertinent evidence-a document, Exbt. P/13 which is an undated letter written by the deceased and managed by her to be sent to her father. We will briefly discuss this evidence.

(3.) According to Sohan Lal (PW16) marriage of Seema with the accused-appellant was performed in a cordial manner. Dowry, as the parents wished, was given to Seema. Seema and Ramesh were quite often coming to meet with them. However, Sohan Lal did make a general statement that at one point of time when he had gone to see his daughter Seema in the house of the accused-appellant, Seema had told him that the accused was complaining that the items given in dowry were of inferior quality. However, this statement is belied and cannot be accepted for two reasons. Firstly, such a material fact though in his knowledge was not disclosed by him to the police; on the contrary his statement to the police was that Seema never told him of anything about her in-laws' house. Prabhawati Devi admits that the behaviour of the accused-appellant towards her was good and he always treated her with respect and reciprocal affection. She also admitted that her husband, i.e., Sohan Lal. PW16 never complained about the behaviour of the accused-appellant towards him. She very clearly stated that the accused-appellant had never asked her anything about dowry. If only Seema's father would have been told by Seema that the accused-appellant had ever demanded dowry from her or was harassing her for dowry then such fact in ordinary course of things would have been told by him to his wife, i.e., the mother of Seema and would also have been disclosed by him to the police.