RAJEEV KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant -Rajeev Kumar husband of deceased Monu, who was convicted by learned trial Court for offences under Sections 498 -A and 306 read with Section 34 I.P.C. The sentences imposed under each of the sections are as under:

(2.) ON 12.9.2012, a Panchayat was convened in the house of the accused persons where PW 1 Sh. Balak Ram father of the deceased and PW 2 Smt. Kamlesh Kumari, mother of the deceased also participated but no final decision was reached. It is also in evidence that this Panchayat was called/convened at the request of accused Karam Singh (2nd accused before the learned trial Court). The prosecution story has primarily been unfolded by PW 1 Sh. Balak Ram, father of the deceased, PW 2 Smt. Kamlesh Kumari, mother of the deceased and PW 5 Ms. Indu Devi sister of the deceased.

(3.) PW 2 Smt. Kamlesh Kumari corroborates the statement of her husband PW 1 Sh. Balak Ram on the question of marriage etc. but then says that after about 5/6 months of marriage, the accused started beating the deceased Monu under the influence of alcohol. She states that other accused also used to demand of dowry from deceased Monu. She says that prior to her death, she along with Maya, Saroj and Kusum Lata went to the house of the accused persons. Pardhan Smt. Sharda Devi, Up Pardhan Makeria and Ward Panch were also present there. The dispute was not settled in the Panchayat and Pardhan had advised to get the deceased medically treated. The story which then unfolds is that the deceased was taken to one 'Chela' (shaman) by the mother -in -law and brother -in -law of the accused and she had also accompanied the deceased. Thereafter the deceased had started improving and became alright. On the date of death, a Panchayat was convened in the house of accused when she was present along with her husband. The accused persons had abused the deceased in the presence of the Panchayat. The matter was adjourned for the next day and they reached at their house at 9 p.m. At around 10.15 p.m., a telephone call was received by her from accused Mona (sic. Monika) that deceased Monu was not feeling well. Firstly, she went to Nadaun hospital and thereafter to Jawalamukhi where she was told by the doctor that Monu had died. In cross -examination, she admits that prior to her death, Monu was pregnant but no abortion was either carried out or attempted. She also denied the suggestion that this abortion was attempted because the fetus was abnormal and thereafter deceased Monu had become weak. She admits that on 12.9.2011, the deceased had told the Panchayat members that she wanted to live separately with her husband at his working place whereupon the accused had responded that this was not possible as there were two other persons residing with him in the same room. She denied the suggestion that the accused had stated that he would take her after adequate arrangements had been made. She denied the suggestion that accused Karam Chand, father of the accused had informed the Panchayat that he is ready to give separate land to accused Rajeev and deceased Monu for the purpose of constructing a house and cultivation of land.