JIWAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Appellant, alongwith his family members namely Shiv Chand father, Smt. Sheela Devi mother and Vidya Devi sister-in-law, was put on trial for the offences punishable under Sections 498-A and 306 of the Indian Penal Code. When the matter was pending trial, Shiv Chand accused had died. Other accused except the appellant were acquitted, whereas, the appellant was convicted for the offences punishable under Section 498-A of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of three years and to pay a fine of Rs. 5,000/- and also under Section 306 of the Indian Penal Code to undergo simple imprisonment for a period of seven years and to pay a fine of Rs. 10,000/- with default clauses. Feeling aggrieved by the impugned judgment of conviction and sentence, the appellant directed the present appeal.

(2.) Admitted facts of the case are that Smt. Rajni daughter of PW1 Kaman Singh and PW2 Smt. Bhagmani was married to the appellant in the year 1994. During this marriage, she gave birth to a male child. It is alleged that she was subjected to the cruelty and harassment with a view to coerce her to meet unlawful demands for property by the appellant and his family members.

(3.) On 2.10.1997, PW1 Kaman Singh lodged another FIR against the appellant and his family members alleging that after 3-4 days of her marriage, the appellant started beating Rajni Devi aforesaid and after about four months, she came to the parental house and complained that the appellant used to take liquor and beat her and declined to go back to join the company of the appellant. After about 15 days, appellant came to his house alongwith one Partap Thakur and apologized. Thereafter he sent the deceased with him. After about one year, he got the telephonic message that the appellant had resorted to the same rut again. Thereafter, he alongwith his wife and relative Prem Singh went to the village of the appellant and enquired about the complaint made by his daughter. Again he apologized. He further alleged that few months before her committing suicide, she was given beatings and fell unconscious. Lastly, the appellant had pledged her jewellery for Rs. 8500/- at Shimla. PW1 aforesaid took loan of Rs. 7000/- from Gian Chand his brother-in-law and paid to Rajni and told her that Rs. 1500/- would be given later on, but Rajni returned this amount after few days. It is alleged that on 19.7.1997, he got a message from his nephew that Rajni was serious and hospitalized at Shimla, but the appellant did not inform them. When he reached IGMC, Shimla, she was dead. It was also alleged that the family members of the appellant did not intervene and rendered help to the deceased. On these allegations, the police lodged the FIR Ex.PW7/B and started investigation.