RAVINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24 -12 -1999 passed by the learned Additional Sessions Judge (II), Kangra at Dharamshala, whereby the appellant/accused (hereafter referred to as the accused) has been convicted under Sections 498 -A and 306 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for a period of one year and to pay fine in the sum of Rs. 1,000/ - and in default of payment of fine to undergo simple imprisonment for a period of three months under Section 498 -A and to undergo rigorous imprisonment for three years and to pay fine in the sum of Rs. 2,000/ - and in default of payment of fine to undergo simple imprisonment for a period of six months under Section 306 of the Indian Penal Code.

(2.) The case of the prosecution, in brief, is that Vandana (since deceased) was married to accused Ravinder Kumar in February 1997 and used to reside in his house in village Machhan (Balehar) with her mother -in -law Saroj Kumari and sister -in -law Veena Kumari (who were both arrayed as accused persons before the trial Court but had since been acquitted by the impugned judgment.) The accused was serving in Dubai and used to come to his house off and on. He had returned to his Village from Dubai some -time in or around March 1998. On 10 -6 -1998, PW -2 Sarita Bala, Member Gram panchayat Tang Narwana made a statement under Section 154 of the Criminal Procedure Code to ASL Duni Chand (PW -15) that her house is adjacent to the house of the accused who was in the habit of . drinking liquor daily and then subjected said Vandana to physical and mental cruelty by proclaiming that he had friendship with a number of girls abroad, Sayara and Punam being two of such girl, therefore, the deceased could go to the place from where she had come and he owed nothing to her father Three days before 10.6.1998 the accused had abused and beaten his wife Vandana and turned her out of his house. She took shelter in the house of Kartaro Devi (PW -4). On the morning of 10.6.1998 mother of the accused, however, brought Vandana back to her matrimonial house. At about 1.00 p.m. PW -2 was informed by Om Piari (PW -3) that the accused had beaten the deceased. Therefore, PW -2 went to the house of the accused and found that in the upper storey of the house Vandana was lying unconscious. One empty vial having the super -scrimption Navon was lying by her side and at some distance a steel glass and "Garwi" and omitted material were lying. Vandana was removed to the Verandah of the lower storey. In the meanwhile a private medical practitioner also came there. However, by that time Vandana had died. It has further been stated by PW -2 that Vandana committed suicide because of the cruelty/atrocities committed by the accused and his mother and sister on the deceased. On the basis of this statement of PW -2 Sarita Bala Ext. PW -2/A, a formal First Information Report under Section 498 -A/306 of the India Penal Code was recorded at Police Station, Dharamshala and the investigation in the matter commenced which was conducted by ASI. Duni Chand (PW -15). He took in possession the omitted material and preserved the same in a bottle which was sealed. The empty vial and other utensils lying near the dead -body were also taken into possession. During search of the house of the accused, three letters Exts. PW -12/A to PW -12/C were found and were also taken in possession. He prepared the inquest report Ext. PW -1/C ad PW -1/E and sent the dead -body for post mortem which was conducted by Dr. D.P. Swami (PW -1)and Dr. Archana and the post mortem report prepared by them is Ext. PW -1/B. As per the opinion given in the post mortem report Vandana died of asphyxia due to ingestion of poison greenish colour, however, the final opinion was reserved till the receipt of the report from the forensic Science Laboratory about chemical analysis of the viscera of the deceased. Such report is Ext. PA and as per the opinion given therein, the contents of an insecticide, i.e. Organs Phosphorous (Di -chlorowas) were found in the viscera. On the basis of this report the final opinion about the cause of death of Vandana as given by doctors who conducted the post mortem, is that Vandana died of asphyxia due to ingestion of organs phosphorous poison. During the course of investigation, the police also took in possession letters Exts. PW -11/A to PW -11/D on production by Ajay Sharma (PW -12). One shirt of the accused lying on the spot was also taken into possession by the police vide memo. Ext. PW -13/E. Specimen signatures and hand -writing of the accused Exts. PW -14/A to PW -14/K and Exts. PW -15/1 to PW -15/21 were also obtained by the police. The Government Examiner vide Ext. PY, however, informed that the material supplied for comparison of the disputed writings, specimen writings and admitted writings was not sufficient. However, on the basis of the other material collected by the investigating agency, a charge -sheet against the accused, his mother and sister under Sections 498 -A and 306 of the Indian Penal Code was submitted to the concerned Court. They were tried by the learned Additional Sessions Judge (II), Kangra at Dharamshala on the charges under Section 306 read with Section 34 and Section 498 -A of the Indian Penal Code.

(3.) To prove the charge against the accused, the prosecution examined as many as 15 witnesses.