STATE OF HIMACHAL PRADESH Vs. PURAN CHAND

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed in the year 1995 ? 1998, accused were put to trial. In terms of judgment dated 13.3.2001 passed by the learned Additional Sessions Judge (I), Kangra at Dharmshala, HP, in Sessions Case No. 38-N/98, titled as Sate of Himachal Pradesh versus Puran Chand and another, the accused stand acquitted of the charged offences.

(2.) IT is the case of the prosecution that Smt. Shital Devi was married to Puran Chand (accused No. 1) some time in the year 1995. A child was born out from the wed-lock. Initially accused Puran Chand and his mother Smt. Rattani Devi (accused No. 2) treated Smt. Shital Devi well, but however, after a period of one year they started harassing her and subjected her to cruelty for having brought insufficient dowry. Smt. Shital Devi informed her parents about the same. When confronted, accused promised to mend their behaviour. However, the harassment and maltreatment continued. Consistent dowry demands prompted Smt. Shital Devi to consume poison (aluminum phosphate tablets) on 28.7.1998 at her matrimonial house. She was immediately taken to the hospital by the accused where she was treated by Dr. M. K. Saxena (PW-8). She was admitted into the hospital at about 5.30 p.m. The matter was reported to the police. Inspector Salwinder Singh (PW-16) from Police Station, Nurpur visited the hospital and moved an application (Ext. PW 8/B) before the Doctor for obtaining fitness certificate who opined that Smt. Shital Devi was unfit to make any statement. This was at about 6.05 p.m. and also at 6.30 p.m. Later on Smt. Shital Devi made a statement which was recorded by the Executive Magistrate Sh. Balak Ram (PW-14). The statement is Ext. PW 14/A. Independently, the very same statement was also recorded by PW- 16 and is Ext. PW 14/B. Based on the same, PW-16 sent ruka to Police Station, Jawali for registration of the case. F.I.R. No. 164 of 1998 (Ext. PW15/A), dated 28.7.1998, under Sections 498-A read with Section 34 I.P.C. was registered at Police Station, Jawali. Immediately after recording of the statement Smt. Shital Devi died in the Civil Hospital, Nurpur. ASI-Dharam Dev (PW-15) prepared inquest reports (Ext. PW 7/B and 7/C). Pot mortem was carried out by Dr. D. R. Riyal (PW-7) who issued Post Mortem Report (Ext. PW 7/D). Police recovered and seized poisonous tablets, clothes and other articles belonging to the deceased. The case was further investigated by HC-Kuldeep Singh (PW-17) who visited the spot and searched the house of the accused. He recovered one diary (Ext. P- 9) from the room of the deceased in the presence of Sh. Ran Singh and Sh. Om Raj. IT contained a dying note incriminating the accused husband. The matter was fully investigated and with the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined seventeen witnesses and statements of the accused under Section 313 Cr. P. C. were also recorded in which they took up the following defence:-