GUDDU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Challenging his conviction and sentence for cruelty and abetting suicide of his wife, husband has come up before this Court.

(2.) The facts of the case are that on 31/1/2008, SHO of Police Station Bharmour deputed the investigator from Police Chowki Gehra to visit the zonal hospital, Chamba, where a lady has expired after consuming poison. Based on this information, entry, Ex.PW-6/A, in a daily diary, made. On reaching the hospital, the investigator recorded the statement of Gian Singh (PW-2), brother of the deceased lady, under Sec. 154 of CrPC. Gian Singh informed the investigator that his sister was married fourteen years ago with Guddu Ram, the appellant herein. After two years of wedding, a girl child was born to the couple. However, no other child was born to them. After 3-4 years of marriage, his sister informed him that her husband's family members are troubling her because she cannot conceive again. After 6-7 years, Guddu Ram stopped giving her day-today expenditure. Given such behavior, she returned to her parental home. Dhoni Devi applied to maintenance in the Court at Chamba. In the year 2004, Guddu Ram and Dhoni Devi entered into a compromise in the Court. As per this compromise, Guddu Ram agreed not to beat her, and, consequently, they started living together. However, after one year of compromise, Guddu Ram and his family members again started taunting and troubling her for the non-bearing of second child. Just for the family honor, she remained mum on the belief that one day they will understand and mend their ways. In between Dhoni Devi kept on informing her brother about the beatings and taunting given to her. On 26/1/2008, when Gian Singh met Dhoni Devi in the village, she informed him that her husband, Guddu Ram, brother-in-law Bhola Ram and father-in-law Hans Raj beat and abused her. She also informed him that she was going to the house of Pradhan to lodge a complaint. However, Gian Singh convenienced her and sent her back home. On 29/1/2008, Gian Singh came to know about the bad health of his sister. He, along with his wife Bhotli Devi, PW-3, immediately went to her home. On 30/1/2008, he, along with his wife, again went to his sister's house and at that time noticed that her health was terrible and froth and foul-smelling was coming out from her mouth. On this, Guddu Ram and another person brought her to Chamba hospital, where she was admitted. On 30/1/2008, at around 12:15 p.m., she was expired. The informant informed that he has a total belief that his sister had consumed poison due to cruelty inflicted by Guddu(A-l), Bhola Ram (A-2), and Hans Raj (A-3), i.e., husband, brother-in-law, and father-in-law, respectively.

(3.) This information under Sec. 154 of CrPC mentioning the facts described above was reduced into writing vide memo, Ex.PW-2/A, and sent to the police station, where FIR, Ex.PW-8/A, mentioned above, was registered against the accused persons.