STATE OF HP Vs. DALIP CHAND

JUDGEMENT

(1.) For an offence alleged to have been committed on 14.6.1995, accused were put to trial. In terms of judgment dated 10.2.1999 passed by learned Sessions Judge, Hamirpur, in Sessions Case No.05 of 1996, titled as State of H.P. vs. Dalip Chand & Ors., accused stand acquitted of the charged offence.

(2.) It is the case of the prosecution that Smt. Asha Devi and Sh. Suresh Kumar were married to each other sometime in December, 1993. The husband was employed somewhere in Una and the wife used to reside with her in-laws in village Kohadra, Tehsil Barsar, Distt. Hamirpur, H.P.. There she lived with Beli Ram, accused (since expired) (her father-in-law), accused No.1 Dalip Chand s/o Sh. Beli Ram and brother of Suresh Kumar; accused No.2 Nirmala Devi, wife of accused No.1, sister-in-law (Bhabi) of Suresh Kumar and accused No.3 Sandla Devi d/o Sh. Beli Ram, sister of Suresh Kumar. One year after the marriage Smt. Asha Devi complained to her parents about the ill- treatment meted out by her father-in-law and all the accused persons. They used to taunt her that she did not know how to work properly. She was consoled by the fact that since her husband was good she should not bother about the harassment meted out by the remaining members of the family. About one month prior to her death, Smt. Asha Devi along with her husband visited her parents on the occasion of the `Nauhle' festival. Even then Smt. Asha Devi complained to her mother Smt. Taro Devi (PW-2) about the ill-treatment meted out to her by the accused persons. About 20 to 25 days after the `Nauhle' festival, Smt. Saraswati Devi (PW-10) visited Sh. Kanshi Ram (PW-1) father of Smt. Asha Devi, and told him that she had learnt about the illness of his daughter. Both PW-1 & PW-10 visited her to inquire about her health. There Sh. Beli Ram not only feigned ignorance about any ailment but stated that ever since Smt. Asha Devi had come back from her parental house she had put his family in trouble. PW-1 then told Beli Ram that had he been informed about the illness all arrangement for her treatment would have been made. This enraged Beli Ram and consequently he slapped PW-1 two-three times. PW-1 then asked his daughter to accompany him to his house so that she could be given proper treatment but was prevented by Beli Ram who retorted by saying that brides go back to the matrimonial house only after death and not during lifetime. PW-1 & PW-10 alone left the house and narrated the incident to Sh. Dhani Ram (PW-4), President of Gram Panchayat Kiara Bagh who advised them to lodge a complaint in writing which however was not done. On 14.6.1995, PW-1 received information that her daughter was seriously ill and, therefore, he along with PW-2 and his sons Sh. Ramesh Kumar and Sh. Jagdish Chand (PW-3) went to see her but found her lying dead on the cot.

(3.) Sh. Sukh Ram member of the Gram Panchayat Kiara Bagh informed at Police Station, Barsar that Smt. Asha Devi had committed suicide by hanging herself from the roof of the house. The information was recorded (Ext.PF) in the daily diary. SI Narain Dutt (PW-12) along with other police officials rushed to the spot and carried out necessary investigation. The inquest report (Ext.PB) was prepared. At the spot dupatta was found tied from the `Balla' of the roof height of which was 7 feet 4 inch. During investigation PW-1 made a statement (Ext.PA) and based on the same F.I.R. dated 14.6.1995 (Ext.PG) was registered with Police Station, Barsar under Sections 498-A/306 IPC. On the spot an empty carton of card board containing a suicide note (Ext.P2) was found. From the Attache-Case, allegedly belonging to the deceased one exercise book (Ext.P1) was taken into possession vide recovery memo (Ext.PC). Photographs (Ext.P-3 to Ext.P-6) were taken by Sh. Vijay Sharma (PW-9). The body was sent for post mortem which was initially carried out by Dr. R. K. Kanwar (PW-5) along with Dr. Sushil Kumar. However, vide report (Ext.PD) the case was referred for further post mortem to the State Hospital at IGMC, Shimla where Dr. D. K. Ghosh (PW- 8) conducted the post mortem and prepared his report (Ext.PH). Hand writing on Ext.P-1 & Ext.P-2 was referred to Govt. Examiner of Questioned Documents, Shimla and Sh. R. K. Jain (PW-11) gave his report in terms of which the hand writing on both the documents was found to be of the very same person. With the completion of the investigation challan was presented in the Court for trial.