STATE OF HIMACHAL PRADESH Vs. DEVINDER SINGH

JUDGEMENT

(1.) STATE has challenged the acquittal of the respondents, who were charged for offences, punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code. Accused Devinder Singh, A -1 for short, and accused Piar Devi, A -2 for short, are "Devar" and mother -in -law, respectively of deceased Kiran Devi. Prosecution case, in brief, is that Kiran Devi, who was married to DW -3 Rajinder Singh, was being harassed by A -1 and A -2. She committed suicide by jumping into Govind Sagar Lake somewhere between 5.9.2000 and 7.9.2000. Learned trial Court has acquitted both the accused holding that the offences, as charged, were not established by the prosecution evidence.

(2.) LEARNED Additional Advocate General urges that the evidence of three witnesses, namely PW -3 Lekh Ram, PW -5 Sheela Devi and PW -8 Smt. Hakam Devi, father, sister and mother/respectively of deceased Kiran Devi, is conclusive, especially when read with presumption under Section 113A of the Evidence Act, as 'the death had occurred in an unnatural way, within the statutory period of presumption of seven years.

(3.) ADVERTING to the evidence of PW -3 Lekh Ram, he states that out of his five daughters, deceased! Kiran Bala was the youngest, who was married to DW -3 Rajinder Singh in the year 1999 according to Hindu rites and customs. He states that he had gifted ample dowry according to his status. DW -3 Rajinder Kumar, his son -in -law, was working in some factory in Punjab. According to him, A -1 and A -2 used to harass her for bringing insufficient dowry. He states, in general terms, that whenever deceased came home to visit him, she used to complain about the harassment being meted out to her by the accused persons taunting her that they (parents of deceased) had not given sufficient dowry in the marriage. He then says that he had been advising her daughter to adjust at the house of her in -laws like a dutiful Hindu bride. He further states that he and his wife PW -8 Smt. Hakmi Devi had not been keeping good health because of their old age and their other daughter PW -5 Smt. Sheela Devi, whose husband was working in a foreign country, was residing with them at their house. She (PW5) visited the house of the accused thrice and informed this witness that the accused never Welcomed her visit. A male baby was born to the deceased after 10 months of the marriage and at that time his another son -in -law PW -4 Amar Singh had visited the house of the accused. On his return he told him that the accused persons had raised two demands, one for giving more dowry and another for giving land to Rajinder Singh, husband of the deceased and if these demands were not met, then nobody from the family of deceased should visit them. He says that dead body of his daughter was found on the third day, after she had gone missing and the same was fished out of Govind Sagar Lake. He states that he and his wife had not visited the place where the dead body of his daughter was found. He was cross -examined at length. He states that he knows DW -4 Kesar Singh, who is his nephew in relation and resides in the same village and that sister of DW -4 Kesar Singh is married to A -1. DW -2 Lekh Ram is father of A -1, who belongs to a well to do family and is financially well off. He denies the suggestion that A -1 was a member of BJP Party. He also denies the fact that Devinder A -1 had formed an organization to protest against dowry. He admits that his son -in -law DW -3 Rajinder Singh had visited his house several times before the death of his daughter Kiran Devi.