STATE OF HIMACHAL PRADESH Vs. HARESH KUMAR GAUTAM

JUDGEMENT

(1.) THIS is an extremely sad and rare case where a mother has taken the lives of her two children and then committed suicide. The question is whether she was driven to do this inhuman act due to the cruelty meted out to her by her in -laws or not? Vandana (deceased mother) was married to accused, Haresh Gautam, in the year 1999. She gave birth to twins, a boy and a girl, in September, 2000 at Kamla Nehru Hospital, Shimla. Vandana and Haresh Gautam were living at Sanjauli in Shimla whereas her husband's brother, respondent No. 2, Purnesh Kumar Gautam and his wife, Smt. Prem Lata, respondent No. 4, lived with the parents (respondents No. 3 and 4) of the husband of Vandana (deceased mother) at Mandi. Respondents No. 3 and 4 have died during the pendency of this appeal and, therefore, the appeal stands abated qua them.

(2.) THERE is no dispute that on 05.02.2003, Vandana murdered her twin children and then committed suicide by setting herself on fire. This incident was reported to the police by PW -5, D.N. Kapoor, landlord of the building in which Vandana lived with accused, Haresh Gautam. Thereafter, PW -1, Hans Raj, father of deceased Vandana filed a written complaint with the SHO, Police Station Dhalli, Ex. PA, on the next day, i.e. 06.02.2003. In this written complaint, it was alleged that though at the time of marriage, no dowry was given, immediately after the marriage, the in -laws of his daughter, Vandana, had started taunting her that though she belonged to a well off family, she had not brought sufficient dowry. Hans Raj advised his daughter that she should bear these taunts and in between, he used to pay some amount to his daughter, especially when she gave birth to the twins. It was also alleged that respondents No. 2 and 5, i.e. brother and sister -in -law of respondent No. 1 (Jeth and Jethani of the deceased), who were issueless despite being married for thirteen years, wanted that Vandana should give one of the twins to the issueless couple. Vandana refused this proposal and thereafter, she was abused and subjected to cruelty by the in -laws. This happened during the presence of Vandana's paternal aunt (bua), PW -4, Kamla Devi.

(3.) THE police investigated the matter and after investigation, accused persons were challaned and charged for having committed offences punishable under Sections 498 -A, 304 -B and 406 IPC read with Section 34 IPC. After trial, the accused were acquitted. Hence, this appeal by the State.