NIRMALA ALIAS MALARU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment, dated 25.06.2004, passed by the learned Additional Sessions Judge (1), Hamirpur, H.P., in Sessions Case No. 30/2001, whereby the appellants, who were charged with and tried for offences under Sections 498 -A, 306 read with Section 34 of the Indian Penal Code, have been convicted. Case of the prosecution, in a nut -shell, is that a telephonic message was received at Police Station, Hamirpur on 11.11.2000 at about 9:15 a.m., whereby an information contained in rapat roznamcha Ex. PW7/A was given to the Police Station. According to the information, the Medical Officer, Hamirpur informed that one dead body of Seema Devi, aged 24 years has been brought to the hospital. On this information, Balwant Singh, Sub Inspector (PW -11) alongwith Lady Constable Anjana Devi immediately left for Zonal Hospital, Hamirpur, where he recorded the statement of Brahm Dev (PW -1) father of the deceased Seema Devi Ex. PW1/A under Section 154 Cr.P.C. on the basis of which FIR Ex. PW10/A was registered. According to the contents of Ex. PW1/A, Seema Kumari, aged 26 years was married with Surinder Kumar accused, son of Shri Prem Dass as per Hindu Rites and Ceremony about 11/2 years back. His daughter was living with them for the reason that she was continuously harassed by her mother -in -law Malaru alias Nirmla Devi and father -in -law Prem Dass. They used to harass his daughter. His daughter told him that at the time of marriage of Surinder Kumar some loan was taken and they used to ask his daughter to bring money from her parents to repay the loan. His son -in -law used to ask his daughter to bring more money from her parents and he himself had gone to Jalandhar in search of job. His son -in -law Surinder Kumar came after about a year from Jalandhar on 25.10.2000 and on 28.10.2000, he took Seema Devi alongwith the children to village Shasan. On 11.11.2000 at about 8 a.m., he received a telephonic message from Joginder Singh, elder brother of his son in -law accused Surinder Kumar and when they reached hospital, by that time, his daughter had expired. One Suhru Ram resident of Shasan told him that on the previous night at about 10:00 p.m., he heard some shrieks of his daughter Seema Kumari as she was crying for help from the house of Prem Dass accused. At that time, music was on. He further stated that father -in -law, mother -in -law and husband of Seema Kumari used to quarrel with her and for that reason, she has committed suicide after consuming some poison. Investigating Officer got the dead body photographed. These photographs are Ex. PW11/D -1 to Ex. PW11/D -3 and negatives are Ex. PW11/D -4. The Investigating Officer has completed the inquest reports Ex. PW1/B and Ex. PW1/C. A letter Ex. PW1/D stated to have been written by accused Prem Dass, father -in -law of deceased and addressed to the father of the deceased Seema Kumari was taken into possession vide seizure memo Ex. PW2/A. The dead body of Seema Kumari deceased was sent for post mortem to Zonal Hospital, Hamirpur with a written request Ex. PW11/A for post mortem. PW -6, Dr. R.S. Dhatwalia conducted the post mortem on the dead body and issued post mortem report Ex. PW6/A, According to the report of Chemical Examiner Ex. P -1, the viscera of the deceased was found containing contents of aluminum phosphate. According to PW -6, Dr. R.S. Dhatwalia, deceased Seema Devi died due to cardio respiratory failure and the cause of cardio respiratory failure was due to aluminum phosphate poisoning.

(2.) THE accused Prem Dass, who has written letter Ex. PW1/D addressed to the father of the deceased Brahm Dev (PW -1) was brought before the Court of Additional Chief Judicial Magistrate, Hamirpur, for taking his specimen handwriting in order to establish that letter Ex. PW1/D was in fact written by accused Prem Dass. He refused to do so. Thereafter, the learned Additional Chief Judicial Magistrate, Hamirpur, passed the order Ex. -PA. The investigation was completed and the challan was put up against the accused after completing all the codal formalities.

(3.) IT would be pertinent to state at this stage that one of the accused Prem Dass has died during the pendency of this criminal appeal. His name was ordered to be deleted.