STATE OF HIMACHAL PRADESH Vs. KALYAN CHAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 31.8.2004 delivered by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala in Sessions Case No. 82 -P/VII/03 whereby he acquitted the accused of having committed offences punishable under Sections 498 -A, 306 read with Section 34 IPC. The undisputed facts are that the deceased Monika Sharma was married to accused Ravi Kumar in the year 1999. Accused Kalyan Chand is the father and accused Shakuntal Devi is the mother of accused Ravi Kumar. It is not disputed that Monika Sharma committed suicide on 22.4.2000 by consuming some poisonous substance containing aluminum phosphide. Before her death, it was alleged that Monika Sharma made a statement in the nature of a dying declaration which was recorded by PW -6 Paras Ram. Smt. Rekha Devi mother of the deceased also complained that her daughter was treated well for about three months after the marriage but thereafter the three accused had been ill -treating her daughter and she was forced to come to her matrimonial home.

(2.) ON 19.4.2000 nephew of accused Kalyan Chand was married in village Mahri in which parents of the Monika reside, Ravi Kumar husband of Monika also came to the same village. On 21.4.2000 both accused Ravi and Kalyan Chand father came to the house of PW -1 and asked Monika to accompany them but Monika told that she will accompany them if they give an undertaking in writing that she would not be harassed. The accused refused to give such an undertaking in writing and stated that they would return to their home on 22.4.2000 and if she wants to come, she could meet them at the bus stand at Bhawarna.

(3.) MONIKA died an unnatural death i.e. she committed suicide within 7 months of her marriage. However, still burden is on the prosecution to prove that the accused treated her with cruelty of such nature that she was forced to commit suicide. The sheet anchor of the prosecution case is the dying declaration of Monika. The mother appearing as PW -1 has supported the version and has stated that this statement was recorded by Paras Ram. However, PW -6 Paras Ram gives totally a different version. According to him, Monika was not in a fit state to make any statement. He states that he was called by PW -2, sister of Monika Sharma and the mother asked him to write the statement of Monika. His version is that Monika did not say anything but it is the mother who made statement and he recorded the same. This witness was declared hostile and cross -examined by the learned prosecutor. In cross -examination, he stated that he had not signed the statement. He also states that Monika had signed the statement when she was virtually unconscious. We have perused the signatures on the statement and they do not appear to be of a person who is fully in control of her senses. It is just a scrawl and not a proper signature. The only other evidence in the present case is the statements of PW -1 and PW -2. PW -1 is the mother. Even in her examination -in - chief she first states that the accused might have been making demand of dowry, though later she stated that her daughter had told that the accused were demanding dowry. Thus no demand of dowry was made by the accused from PW -1.