BALWANT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is filed against judgment and order of conviction recorded by the Additional Sessions Judge, Una on July 18, 1997 in Sessions Case No. 11/94, 13/94. By the said judgment, the learned Additional Sessions Judge convicted the accused for offences punishable under Sections 498-A and 306 of Indian Penal Code and sentenced them.

(2.) In paragraph 38 of the judgment, the learned Judge stated:

(3.) The Appellants-accused were tried for offences punishable under Sections 498-A, 304-B and 306 of the Indian Penal Code (hereinafter referred to as 'the Code'). The case of the prosecution was that Accused No. 1 Balwant Singh was father-in-law, accused No. 4 Kanta Devi was mother-in-law, accused No. 3 Ravinder Singh was brother-in-law and accused No. 2 Anup Singh was husband of Renu Bala. Said Renu Bala was daughter of one Gurdayal Singh and Kamla Devi. She was married to accused No. 2 Anup Singh on July 6, 1992 in accordance with the Hindu rites and rituals. It was the allegation of the prosecution that only after few days of her marriage, when Renu Bala visited the house of her parents, she complained as to how accused persons were treating her with cruelty by putting demands for fridge and scooter as dowry. It was alleged that on January 5, 1993, Kamla Devi, mother of Renu Bala came to know from Tilak Raj, her brother-in-law (Devar) that Renu Bala was admitted in a hospital at Gagret. She, therefore, along with Tilak Raj went to the hospital, but Renu Bala was not there, and they came to know that Renu Bala was taken to Patohar Kalan, the village where the accused were staying. Both of them then went to the residence of the accused and found Renu Bala dead lying in verandah of the house of the accused and none of the accused was there. Kamla Devi suspected foul play that her daughter Renu Bala was either killed or was compelled to commit suicide by consuming poison on account of their unlawful demand of dowry by the accused and by treating her with cruelty. She, therefore, lodged a report with the police Ex. PW-3/A under Section 154 of the Code of Criminal Procedure, 1973 at Police Station, Una, which was registered as formal FIR vide Ex. PW-11/A. After registration of the case, the investigation started. The police went to the spot, prepared inquest report and lough spot map of the place where dead body of Renu Bala was found. The Investigating Officer also took into possession vomit of Renu Bala and the clothes worn by her at the time of vomiting prior to her death. Two letters, which were produced by Devinder Singh were also taken in possession. Post-mortem was conducted by Dr. Vijay Kumar Raizada, which revealed that Renu Bala was having pregnancy of fourteen to sixteen weeks. He reserved his opinion regarding cause of death on receipt of report of Chemical Analyser. After receiving the report, Dr. Gurcharan Singh opined that cause of death was "peripheral circulatory failure due to aluminum phosphide which was sufficient cause of death in natural course of events." Further investigation was conducted by ASI Jarnail Singh, who obtained two letters produced by Gurdyal Singh, father of deceased Renu Bala. He submitted a report under Section 173 of the Code of Criminal Procedure in the Court of learned Chief Judicial Magistrate, Una, who committed the case to the Court of learned Sessions Judge, Una vide his order dated April 25, 1994.