JAGDISHRAJ KHATTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals are directed against judgment and order dated 09.01.2008 and 27.02.2008, passed by the Division Bench of the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 356 of 1993, whereby the appeal preferred by the State of Himachal Pradesh was allowed, and the judgment and order dated 03.04.1993 passed by the Additional Sessions Judge, Kangra, Dharamshala, Himachal Pradesh, acquitting the appellant-accused for offences under Sections 498A and 306 of the IPC, and Section 30 of the Indian Arms Act, was set aside.

(2.) The case of the prosecution in brief is that the appellant, who was posted as the Forest Range Officer at Jawalamukhi, at the relevant time, was residing with the deceased (his wife) and two minor children. On 07.01.1990, at about 10 a.m., within seven years of the deceased's marriage with the appellant, the deceased used the appellant's gun to kill herself. On receiving information about her death, the deceased's mother, cousin, brother in law and father's neighbor went to Jawalamukhi, and the inquest report was prepared in their presence. After the funeral ceremonies were completed, on 08.01.1990 at around 11 p.m., the deceased's cousin lodged a report against the appellant herein, alleging that the appellant drove the deceased to commit suicide as he continuously subjected the deceased to cruelty, harassment, physical violence and even mistreated her and insulted her in the presence of her parents and relatives. Subsequently, on 13.01.1990, the father of the deceased produced a letter allegedly written to him by the deceased, which he received on 10.01.1990. The contents of the letter supported the allegations made against the appellant in the FIR, regarding cruelty and harassment towards the deceased.

(3.) The appellant was charged under Sections 49 8A and 306 of the IPC and Section 30 of the Indian Arms Act. The Trial Court, after considering the material against the appellant, acquitted him of all the charges. On appeal by the State, the High Court reversed the findings of the Trial Court and convicted the appellant for the offences under Sections 498A and 306 of the IPC and sentenced him to three years rigorous imprisonment with a fine of Rs. 10,000, in default of payment of which he is to undergo rigorous imprisonment for a further period of six months, for the offence under Section 306, IPC, and one-year rigorous imprisonment with a fine of Rs. 5,000, in default of payment of which he is to undergo rigorous imprisonment for a further period of three months, for the offence under Section 498A, IPC, with both sentences to run concurrently. Aggrieved by the judgment and order of the High Court, the appellant has preferred the present appeals before us.