STATE OF HIMACHAL PRADESH Vs. MANJU RANI

JUDGEMENT

(1.) The State has challenged the judgment of learned Sessions Judge, acquitting the respondents for offences under Section 304-B and 498-A read with Section 34 of the Indian Penal Code.

(2.) The brief facts necessary for consideration in this appeal are that the deceased Alka alias Ashu was the daughter of Roop Lal and was married to respondent No.3 Sheetal Kumar son of Sh. Devinder Dutt. Their marriage was performed despite opposition from the parents of the deceased. The undisputed fact is that it was a love marriage. On 13.9.2000, the marriage was solemnized at Rajgarh. The case of the prosecution is that they resided as husband and wife happily for some time but later on she was harassed for dowry which ultimately compelled her to end her life.

(3.) Ext. PA is statement of Bachani Devi (PW1). She states that her husband is employed in the Forest Department. They have two sons and two daughters. Alka alias Ashu is the eldest daughter, who has qualified degree of B.Sc. and B.Ed. She had married to Sheetal Kumar respondent on 13th September, 2002 according to 'Arya Samaj' rites which factum of marriage was later on accepted by her family after initial resistance. On 7th October, 2002, a get together/feast was held by them to celebrate the marriage. After about 1 1/2 months of the marriage, the mother-in-law of the deceased Smt. Manju Rani accused respondent started maltreating the deceased. She used to abuse her and threaten her. She asked her (Alka) to live in a separate room of the house. She says that she had filed a complaint against Manju Rani on a previous occasion. She then proceeds to narrate that the deceased was talking to her quite often on telephone complaining that her mother-in-law Manju accused was constantly troubling/maltreating/harassing her despite the fact that she was residing separately. She used to taunt her and as a result her daughter used to live in a constant state of mental tension. On 19.3.2003 her daughter and son-in-law Sheetal had visited her on the occasion of Holi when the deceased informed her that her mother-in-law had made life hell for her (Jeena Haram Kar Diya Hai) and she was very un-happy. Her daughter was not in a fit state of mind, perplexed and was capable of taking any action. On that day at around 3 a.m. she learnt that her daughter had consumed poison and had been hospitalized. She rushed to the hospital and found that her daughter was in an unconscious state. She died later on. She fixed the entire responsibility on the motherin-law of the deceased.