HANS RAJ Vs. STATE OF H.P

JUDGEMENT

(1.) THE appellants challenge his conviction for offences under Sections 306 and 498-A read with Section 34 of the Indian Penal Code (hereinafter referred to as 'the IPC') for causing the death of Soma Devi alias Seema Devi, wife of the first appellant and daughter-in-law of the second appellant.

(2.) THE prosecution case is that they abetted the suicide of the deceased, who was being subjected to cruel treatment for not bringing adequate dowry. Soma Devi, who was daughter of PW1 Mast Ram and PW4 Phulan Devi, was married to the accused Hans Raj in January, 2000. The case then proceeds that 1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes. she was treated well for about 5/6 months, whereafter the accused started maltreating her and demand of Rs. 80,000/- was made by them which according to the prosecution was the expenditure spent by the accused on the solemnization of the marriage. PW1 Mast Ram father of the deceased was unable to fulfill this demand. In October, 2000 the deceased visited her parents and stayed there for 10/15 days. Dhani Ram, father of accused Hans Raj, came to take her back and assured PW1 Mast Ram as also PW4 Phulan Devi, the parents of the deceased, that she would be treated properly with all due love, care, respect and affection by his family. On the next morning, he left for his duty at 6 AM and when he returned home, he learnt that Dhani Ram had taken his daughter-in-law with him.

(3.) THE prosecution examined eight witnesses in all. Adverting to their testimony, the learned trial Court on the evidence of PW1 Mast Ram, PW4 Phulan Devi and PW3 Santosh Kumar, which according to the prosecution was the direct evidence of cruelty and maltreatment, and on the corroborative evidence of PW2 Prem Singh, medical evidence of PW8 Dr. S.P. Bhangal, Chemical Examiner report Ext.PX, convicted the accused sentencing them:- Under Section 306 IPC To undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/-. In case of default of payment of fine, further undergo rigorous imprisonment for a period of six months. Under Section 498-A IPC To undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/-. In case of default of payment of fine, further undergo rigorous imprisonment for six moths.