STATE OF H P Vs. JIWA RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 7.10.1994 passed by the learned Additional Sessions Judge (I), Kangra at Dharamshala in Sessions Trial No. 8/93 whereby he acquitted the accused of having committed offences punishable under Sections 306 and 498-A of the Indian Penal Code.

(2.) The prosecution case, in brief, is that the deceased Kaki Devi was married to the accused Jiwa Ram sometime in the year 1973. Three children were born out of this wedlock. The accused-husband was employed as a constable in the Central Industrial Security Force and at the relevant time was posted at Nangal. According to the prosecution, the relations between the parties were cordial for about eight to ten years after the marriage. Thereafter, the husband started levelling false allegations of unchastity against the deceased. Despite being advised by his inlaws, he did not desist from making such allegations. About one year prior to the occurrence which took place on 18.10.1991, the accused gave beatings to the deceased on 20.10.1990 and the matter was reported to the police. However, the accused left his home for the place of his posting on the very next day and when he again came back, the matter was patched up. According to the prosecution, just prior to the occurrence, the accused had summoned his father-in-law to Baijnath where the accused repeated the allegations of unchastity against the deceased in her presence. The deceased refuted such allegations. The deceased was missing from the matrimonial home since 14.10.1991. A couple of days later, the matter was reported to the Pradhan of the Gram Panchayat by the accused and then they sent an application Ex.PA to the police on the basis of which, Daily Diary Report, Ext.PQ was recorded. Four days later, on 18.10.1991, the dead body of deceased Kaki Devi was found hanging from a tree at a remote and desolate place on a steep slope (Dhank). This information was recorded by the police in the Daily Diary Report, Ext.PR. FIR, Ext.PS was registered on the statement of the father of the deceased, Sh. Waziru which was recorded under Section 154, Code of Criminal Procedure The police thereafter, carried out the investigation. The dead body of the deceased was recovered and was sent for post mortem. Some cassettes and other articles found at the spot were taken into possession by the police. The post mortem of the dead body was conducted by PW/7, Dr. K.C. Kalyan and it was opined that the cause of death was asphyxia resulting from hanging. Certain letters written by the accused to PW/4 Julphi Ram, PW/2, father of the deceased and to the deceased herself were taken into possession. The specimen handwriting of the accused was also taken. Dr. B.R. Sharma, handwriting expert, vide his report Ext.PW16/B has opined that both the specimen writing and disputed writing are of the same person, i.e., the accused. After completing the investigation, a challan was filed in the Court and the accused was summoned. The accused was charged for the offence detailed here-in-above. He pleaded not guilty and claimed trial. After trial, the accused has been acquitted. Hence the present appeal.

(3.) As noted above, the deceased committed suicide after 18 years of her marriage. According to the prosecution, two acts of cruelty were meted out to the deceased by the accused. Firstly, that the accused levelled false allegations of unchastity against the deceased which forced her to commit suicide and secondly, that he gave her beatings on 20.10.1990 which was also one of the reasons which led the deceased to commit suicide.