STATE OF HIMACHAL PRADESH Vs. BIMLA DEVI

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Hamirpur, dated 7.5.2003, vide which he acquitted the respondent of the charge framed against her under Sections 306 and 498 -A I.P.C.

(2.) BRIEFLY stated, the facts of the case are that on 21.7.1999 at 10.30 P.M., a statement under Section 154 Cr.P.C. was made by PW -1 Pritam Chand, father of deceased Sandla Devi, to the police. In the statement, he alleged that he had married his daughter Sandla Devi with Pawan Kumar two years ago. He had given dowry articles according to his capacity. The mother -in -law and father -in -law of the deceased behaved properly for three months. Thereafter, her mother -in -law, present accused/ respondent started taunting his daughter about the dowry articles and stated that she will perform the second marriage of her son. Thereafter, the respondent gave beatings 2/3 times to his daughter, which fact she told him, when she visited their house. He advised his daughter that the matter will be enquired into. 11/2 years ago, he had gone to the village to enquire about the facts and 3/4 villagers gathered there, but the respondent denied having given beatings to his daughter. It was thereafter alleged that the respondent continued giving beatings to his daughter. Today at 7/7.15 P.M., he was informed by Pritam Chand, Pradhan Gram Panchayat, that his daughter has committed suicide and has died. On this statement made to the police, a case was registered and after investigation, the challan was filed in the Court of learned JMIC -II, Hamirpur, who committed the case to the Court of learned Sessions Judge, who tried the respondent, leading to her acquittal.

(3.) FROM a perusal of the statement made by the father of the deceased, namely, Pritam Chand, it is clear that the first grievance made out by the complainant was that the respondent started taunting his daughter for the dowry articles and stated that she will perform second marriage of her son. The next point alleged against the respondent was that she gave beatings to his daughter 2/3 days times and thereafter, he visited the village, but the respondent denied having given beatings to his daughter. He further stated that thereafter also, the respondent continued beatings his daughter. It should be seen as to whether these facts were alleged in the complaint have been substantiated by the complainant and other witnesses or not.