STATE OF H.P. Vs. MANOHAR LAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 6.6.1997 passed by learned Sessions Judge, Una, District Una, HP, in Sessions case No. 33/1995, thereby acquitting the respondent / accused for the offences under Sections 306 and 498A of IPC.

(2.) THE prosecution case is that the accused/respondent Manohar Lal was married with Smt. Avinash Sharma and she was always suspecting Manohar Lal that he was having some illicit relations with some other lady. On 9.12.1994, Avinash Sharma slept in the room of her quarter with her son master Mohit alias Happy. During the course of that night, she committed suicide by setting herself ablazed allegedly being aggrieved by extra marital relation of her husband with some other lady. However, on an investigation, accused was charged for the aforesaid offences and the case was committed for session trial.

(3.) DR , J.S. Kanwar (PW -23) and Dr. Arun Sharma (PW -24) had examined the dead body of Avinash Sharma and after investigation, they could not arrive at the definite opinion about the cause of death of deceased as no fracture or dislocation of any bone, joint etc. were noticed by them on the person of the deceased. Only cause of death was said to be shock and asphyxia in view of the opinion of Dr. R.S. Dadhwal. Out of all the prosecution witnesses, none has categorically stated except Vinod Kumar, PW -19, brother of the deceased, that accused/respondent was giving beatings or maltreating the victim -deceased. PW -19, Vinod Kumar, brother of the deceased, on the basis of one post card letter, purported to have been written by the deceased to Vinod Kumar Ext P -25, specifically written in Gurmukhi script, indicated that some times, the victim -deceased was ill treated. However, the contents of the letter were not so worded, whereby the victim -deceased could have committed suicide. Except PW -19, none of the prosecution witnesses has indicated about the cruelty, more specifically the cruelty, ill treatment or beating was made closely or prior to the death of victim -deceased. Most important witness is Master Mohit (PW -3), son of the deceased, who has stated that he was sleeping with his mother (victim -deceased) on the fateful night. His father, accused/respondent never maltreated or gave beatings to his mother and PW -3 has very categorically stated that his mother was always persuaded his father for bringing more and more money and his mother (victim -deceased) was suffering from blood pressure and used to remain always ill.