RAM PARKASH Vs. STATE OF H.P.

JUDGEMENT

(1.) In Sessions Case No. 5 -N/vtl/95, the Additional Sessions Judge (2), Kangra at Dharmshala convicted the appellant accused for offence under Section 306 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 6 years with fine of Rs. 5000. In default of payment of fine the appellant -accused shall undergo further rigorous imprisonment of six months/The appellant -accused has challenged his conviction and sentence by way of this appeal.

(2.) Briefly stated the prosecution case was that Smt. Guro Devi was married to the appellant -accused about six years before she committed suicide on 3.4.1993. On 3.4.1993 at about 9/10 a.m. Sant Ram Head Constable No. 616, Incharge Uleharian Guard, sent a wireless message to Incharge Police Post Thakurdwara which was recorded by Constable Kuldip Chand (PW -11) in Daily Diary Report (Ext. PW -ll/A) to the effect that dead body of a woman was lying in a field in village Uleharian. On receipt of said information ASI Nathu Ram (PW -14) Incharge Police Post Thakurdwara along with other police officials proceeded to inspect the spot. On arrival of the Police Official PW -14 found constable Karam Singh looking after the dead body along with Satpal (PW -7) Pradhan of the Panchayat along with other persons of the locality. The appellant -accused was also present on the spot who identified the dead body of his wife Guro Devi. PW -14 prepared inquest report (Ext. PW -l/B) on the spot in the presence of PW Satpal Singh and one Nand Lal. Number of injuries on the body of the deceased were found. According to the statement recorded by PW -14 at the spot at the time of preparation of inquest report, it was found that deceased Smt. Guro Devi on number of times used to run away from her matrimonial home to her parental house and a case of suicide by taking some poison was prima facie, noticed. The dead body of Smt. Guro Devi was lifted in a cart from the spot and brought to roadside. In the meantime, Ram Dass (PW -2) father of the deceased also arrived at the spot who made a statement under Section 154 Cr.P.C. (Ext. PW -2/A) recorded by PW -14. PW -2 in his statement stated that the deceased was his eldest daughter who was married to appellant -accused about six years before her death and for about one year they lived happily but thereafter their relations became strained. During this period his daughter feeling aggrieved against the behaviour of her mother -in -law, her husband and her sister -in -law visited her parental house 3/4 times. According to PW -2s versions his daughter used to complain that her mother -in -law taunted her several times for not bringing sufficient dowry and no television or land was given to her by her parents and as a result thereof appellant -accused used to give beatings to her. He also stated that Mohinder brother of the appellant -accused and Mohinders wife used to remark that they would get the appellant -accused remarried. According to him, the matter was earlier twice reported to the Panchayat Uleharian, where both sides appeared and efforts were made for amicable settlement but the appellant -accused, his brother Mohinder Singh, wife of Mohinder Singh and mother -in -law of Guro Devi continued to harass his daughter for bringing insufficient dowry and it was as a result of mal -treatment and harassment of the deceased that she was forced to commit suicide. On the basis of the statement of PW -2, formal First Information Report (Ext. PW -10/A) was registered on 3.4.1993 at 6.15 p.m. at Police Station, Kangra by A.S.I. Ranbir Singh (PW -10) under Section 304 -B IPC. The investigation of the case was initially conducted by PW -14 ASI Nathu Ram who got the place of the occurrence and dead body of the deceased photographed from photographer Ashok Kumar (PW -8). Some vomiting contents lying just near the mouth of the dead body were taken into possession for the purpose of analysis. He recorded the statements of some witnesses on the spot and sent the dead body to Civil Hospital, Nurpur for post mortem examination. On the following day i.e. 4.4.1993, on search of the house of the appellant -accused, PW -14 recovered one tin containing some poison lying on the shelf which was sealed in a parcel in the presence of PW -7 and one Nand Lal. The parcel containing contents of vomiting, tin containing poison, visora and clothes of the deceased were deposited with M.C. Kuldip (PW -11). In the meantime, PW -14 was selected for upper class course and he handed over the investigation to Mohinder Singh, S.H.O. Police Station, Indora (PW -18). PW -18 recorded the statements of Smt. Pushpa Rani (PW -5), Dev Raj, (PW -15) Pujari of the temple Vinod Kumar (PW -16) and one Sant Kumar. He prepared site plan (Ext. PW -18/A) and got the demarcation of the path from where the dead body of the deceased was allegedly taken by the appellant -accused.

(3.) On 7.4.1993 Shri Ram Lal, Additional Superintendent of Police (PW -17) also visited village Uleharian for the verification of the investigation of the case. He interrogated the appellant -accused who made disclosure statement (Ext. PW -9/A) in the presence of Joginder Singh (PW -9) and PW -16 inter alia, stating that he had kept concealed the Danda with which beatings were given by him to his wife. The appellant -accused led the Police party and got Danda recovered from the shelf of his room which was sealed and taken into possession vide recovery memo. (Ext. PW -9/B). Site plan (Ext. PW -17/A) of the place of the recovery of Danda was also prepared.