MANJIT KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) Challenge herein is to the judgment dated 31st August, 2012 passed by learned Additional Sessions Judge, Una in Sessions Case No. 16/VII/2011/Sessions Trial No. 17/2011, whereby the appellant, one of the accused persons has been convicted under Sections 498-A and 306 of the Indian Penal Code and has been ordered to undergo simple imprisonment for one year and to pay Rs.5000/- as fine for the commission of an offence punishable under Section 498-A IPC and to undergo rigorous imprisonment for four years and to pay Rs.20,000/- as fine for the commission of an offence punishable under Section 306 IPC.

(2.) The appellant, who was accused No. 1 in the trial Court, was the husband of deceased Poonam. The deceased was married to him three years prior to her death. Out of this wedlock, one female child Kumari Vanshika was born to them. On 17.04.2011, the deceased consumed Endosulfan (Organochloro insecticide), however, at what time, it is not known. Her father, PW-1 Shri Gurbachan Singh was informed in this behalf in the evening at 11.00 p.m. by the accused. The accused made another call after five minutes and informed PW-1 that his daughter Poonam was no more, being passed away. PW-1 informed the police and accompanied by his brother came to the house of the accused and found the dead body of Poonam lying in the room on the bed. He noticed injuries on her face, cheek, eyes and wrists, which had turned bluish in colour. Police visited the spot in the night itself and recorded statement (Ext. PW1/A) of PW-1 under Section 154 Cr.P.C. In a nutshell, it is reported that accused was working as conductor on contract basis. After six months of the marriage, his daughter deceased Poonam apprised him about her maltreatment by the accused while coming to the house under the influence of liquor. Also that he did not pay any money to her for being spent by her and rather used to give beatings at the behest of his parents. At that time, he consoled his daughter by telling her that he will talk to the accused and her in-laws also. It is after 1 year, the deceased again informed him over telephone that she is being tortured by her in-laws and that her ornaments were taken away by her mother-inlaw from her. She further revealed that in case her minor child fell ill, they do not even pay money for medicines also. She requested him to take her from the matrimonial home to his own house. On this, he asked the deceased to come home and that he will look after herself and also her minor daughter. Next day, deceased came to him at his place at Mubarkpur. She hardly stayed there for a week when his Samdhi Surinder Pal made a call over telephone and informed him that the mother-in-law of Poonam was ill and asked to send her back to matrimonial home at his responsibility. Further assurance was given that deceased will not be tortured by anyone. It is on the assurance so given by his Samdhi Surinder Pal, Poonam was sent back to her matrimonial home. Deceased during her visits to there used to tell each and every thing to her mother Gurdei (PW-3). She also used to console her to have patience, as one day her in-laws will mend their behavior.

(3.) On 16.04.2011, deceased informed PW-1 that her husband Manjit Kumar had again come to the house under the influence of liquor and that he is not only abusing her but also giving her beatings. She told that she will be coming in the morning. She, however, was not allowed to come to his place by her in-laws. It is at about 11.00 p.m, he received a call from his in-laws, accused Manjit Kumar that Poonam had consumed some poisonous substance and that she is lying unconscious. Immediately thereafter within five minutes, he received another call from the accused when he was informed that Poonam has passed away. He hired a vehicle and accompanied by his brother Shri Gurcharan Singh came to the house of the accused at Kinnu. After sometime Shri Ranjeet Singh, Pradhan Gram Panchayat, Mubarkpur accompanied by other villagers also reached there. They noticed the dead body of Poonam lying inside the room on a bed. There were injuries on her face, chin, eyes and wrists bluish in colour. According to PW-1, his daughter Poonam had consumed some poisonous substance and committed suicide on account of her harassment and torture meted out to her by the accused and her in-laws. The statement (Ext. PW1/A) has led in registration of the case vide FIR (Ext. PW11/B) under Sections 498-A and 306 read with Section 34 IPC against accused Manjit Kumar, his father Surinder Pal, mother Smt. Santosh Kumari, sister Alka and brother-in-law Dinesh Kumar.