STATE OF HIMACHAL PRADESH Vs. DUMNU RAM

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 29.11.2003, delivered by the learned Additional Sessions Judge, Mandi, in Sessions Trial No. 41 of 1998, whereby he acquitted the accused, Dumnu Ram, Tara Devi and Ramesh Kumar, of having committed offences punishable under Sections 304 B and 498 A IPC.

(2.) At the outset, we may note that accused Dumnu Ram has expired and the appeal stands disposed of as abated as far as he is concerned.

(3.) The prosecution story, in brief, is that Tara Devi was married to Ramesh Kumar. The mother of Ramesh Kumar is also one Tara Devi. Accused Dumnu Ram and Tara Devi are the parents of accused Ramesh Kumar, i.e. father in law and mother in law of deceased Tara Devi. On 03.08.1995, Beli Ram, brother of deceased Tara Devi, got recorded his statement under Section 154 Cr.P.C., Ex. PW 1/A, on the basis of which FIR, Ex. PW 14/D, was lodged. In this statement, Beli Ram stated that his sister, Tara Devi, was got married to accused, Ramesh Kumar, less than about one year earlier. The wedding was celebrated in a simple manner in a temple and no dowry was given. For about three months, accused, Ramesh Kumar, kept his wife, Tara Devi, in proper manner. Thereafter, accused, Ramesh Kumar, started troubling his wife, Tara Devi, on account of her not having brought dowry. Whenever Tara Devi used to come home, she used to complain that her husband used to trouble her on this count. In March, 1995, Beli Ram had given some articles of dowry and had taken the same to the house of the accused in village Bharari. Despite this, his sister, Tara Devi, was being troubled and whenever she came home, she would cry and complain that her husband says why she has not brought a colour TV, Godrej almirah etc. Thereafter, he used to beat her up. She used to say that in case, the demands of dowry are not met, then her husband would trouble her so much that she would be forced to consume poison. According to Beli Ram, they used to pacify Tara Devi and send her to her matrimonial home.