STATE OF H.P. Vs. NEELAM KUMAR SON OF SHRI DEV RAJ, RESIDENT OF NANAWAN, P.O. BHAYAD, TEHSIL AND P.S. BARSAR, DISTRICT HAMIRPUR, H.P.

JUDGEMENT

(1.) THE State, by means of this Appeal, has challenged the judgment dated 1st April, 2005 delivered by learned Sessions Judge, Hamirpur in Sessions Trial No. 17 of 2004 whereby he acquitted the accused of having committed an offence punishable under Section 498A read with Section 306 IPC. The undisputed facts are that the deceased Neeruwala was married to accused Neelam Kumar. It is also not disputed that Neeruwala committed suicide by hanging herself from the ceiling fan in her matrimonial home in village Bambloo, Tehsil Barsar, District Hamirpur, H.P. The case of the prosecution is that Neeruwala committed suicide on account of mental torture and ill -treatment meted out to her by the accused and therefore he is guilty of treating her with cruelty and abetting her suicide.

(2.) NEERUWALA got married to Neelam Kumar in the year 1994. Two children were born out of the wed -lock. Accused Neelam Kumar is a teacher. The deceased Neeruwala was well educated being M.A. B.Ed, but was working against the post of JBT in District Chamba and was residing in Chamba as a tenant in the house of PW -8 Subhash Chand. The only issue which arises in this case is whether Neeruwala was treated with cruelty and whether the accused can be said to have abetted her suicide.

(3.) THIS witness also states that within a few days of the marriage the accused had started ill -treating his sister Neeruwala on petty issues on one pretext or the other. Neeruwala had complained to him that the accused used to beat her. He requested the accused not to ill -treat Neeruwala. In the month of July, 2002 when Neeruwala had come to her matrimonial home she was beaten mercilessly by her husband. Thereafter, PW -19 and his brother Naresh Kumar alongwith one co -villager Vinod Kumar visited the house of the accused. The elder brother of the accused was also called and thereafter the elder brother assured that nothing would happen to Neeruwala in future. On that day accused had taken liquor and apologized for the act and assured not to do such things in future. He therefore suspected that his sister had committed suicide due to some more beatings. He admitted that his statement was recorded by the police. He was confronted with his statement Ext. PW -12/A wherein there is no mention that Neeruwala had telephoned him that the accused used to beat her. He admits that he had not told the police that Neeruwala had been beaten by the accused in his house also. According to him, he had told the police that he alongwith his brother and one Vinod Kumar had gone to the house of the accused on 26th July, 2002 to complain about the beatings and that the accused had apologized. There is no such reference in the earlier statement Ext. PW -12/A though this fact finds mention in the statement recorded under Section 161 Cr.P.C. This witness also admits that no complaint regarding the ill -treatment of Neeruwala was made in any Panchayat or to the Police.