NARESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This Jail appeal is directed against the judgment dated 19.10.2001 passed by the learned Sessions Judge, Mandi, whereby the appellant/accused (hereafter referred to as the accused) has been convicted under Sections 302, 201 and 498 -A of the Indian Penal Code and has been sentenced to imprisonment for life and fine of Rs. 5,000/ - and in default of payment of fine to undergo rigorous imprisonment for six months under Section 302 IPC, imprisonment for one year and fine of Rs. 2,000/ - and in default of payment of fine to undergo rigorous imprisonment for two months under Section 201 IPC and to undergo rigorous imprisonment for two years and fine of Rs. 2,000/ - and in default of payment of fine to undergo rigorous imprisonment for two months under Section 498 -A IPC.

(2.) Case of the prosecution in brief is that Sita Devi (since deceased and referred to as such hereafter) daughter of Dropti Devi (PW -2) and sister of Santoshi Devi (PW -7) was married to the accused 14/15 years before. One daughter and one son were born out of the wedlock. The deceased was kept by the accused nicely for about 2/3 years but then he started beating her. This fact was brought to the notice of PW -2 and PW -7 by the deceased, who was advised by them to stay in the matrimonial house because she had been blessed with children. The deceased used to visit her mother after 3 or 4 months and on such visits had been complaining about the harassment and beating by the accused. Once the acts of harassment and cruelty by the accused to the deceased were reported to the police vide complaint Ext. PO but because of a compromise complaint was filed by HC Lal Chand (PW -11) vide endorsement Ext. PP. About a year before her death, the deceased had come to her mothers house and was staying there when the accused came and took her to his house. On 1.4.2000 PW -2 initially learnt that the deceased was seriously ill and later came to know that she had died. On coming to know about the death of the deceased PW -2 went to the house of the accused where Sita Devi (PW -3) Pradhan of the Gram Panchayat and Ashok Kumar (PW -4) were also present. On inquiries, the accused had claimed that the deceased had committed suicide by hanging. PW -2 being suspicious lodged report Ext. PS asking for inquiry into the matter. Subsequently her statement Ext. PH was recorded under Section 154 Cr.P.C. on the basis of which F.I.R. Ext. PN under Sections 306 and 498 -A, IPC, was recorded at Police Station, Jogindernagar and investigation followed. ASI Bishan Dass (PW -13) after visiting the spot got the dead body photographed by Bhagirath (PW -8) negatives whereof are Exts.PM/9 to PM/16 and the developed photographs are Exts.PM/1 to PM/8. Two tied Dupatas produced by the accused from the spot were taken in possession vide memo Ext. PA. PW -13 prepared the inquest reports Exts. PB and PC and sent the dead body for post mortem examination which was conducted by a team of three Doctors in Civil Hospital, Jogindernagar and one of the members of such team was Dr. Ashwani Kumar (PW -1). As per the post mortem report Ext. PE, it has been opined that the deceased died of suffocation caused by asphyxia as a result of smothering. Viscera of the deceased and her wearing apparels were preserved and sent for chemical analysis and as per the report of the Chemical Examiner Ext. PF poison or alcohol were not detected in the said articles. At the time of conducting the post mortem examination photographs of the dead body were also got taken negatives whereof are Exts.PD/3 and PD/4 and the photographs are Exts.PD/1 and PD/2. While in custody the accused on interrogation by S.I. Parkash Chand (PW -14) made a disclosure statement Ext.PL about having kept concealed a pillow in the room of his house and pursuant to such statement he got recovered a pillow from the room i.e. the place of occurrence which was taken into possession vide memo Ext. PK. During investigation, the complaint lodged by the deceased against the accused to the police about her beating Ext. PO alongwith the statement of the deceased Ext. PQ and endorsement by PW -11 Ext. PP were taken in possession vide memo Ext. PR. Because of the medical opinion and recovery of pillow vide memo Ext.PL the offence under Section 306 IPC was converted to one under Section 302 IPC. On being satisfied of the involvement of the accused in the commission of the crime, a charge -sheet was submitted against him by the S.H.O. concerned and the accused, thus, came to be tried by the learned Sessions Judge, Mandi on a charge under Sections 302, 201 and 498 -A IPC.

(3.) To prove the charge against the accused, prosecution examined as many as 14 witnesses. Statement of the accused under Section 313 Cr.P.C. was recorded wherein he denied the prosecution case and claimed that on 1.4.2000 during recess period his daughter Mamta Devi (DW -4) informed him in the Post Office where he was on duty that the deceased was hanging with Dupata in the house. He came to the house and found the deceased hanging. He removed her to the ground and informed Up -Pradhan Ashok Kumar (PW -4), who, alongwith Ramesh and others, came to the spot. It is further claimed by the accused that he informed telephonically his father and mother -in -law about the death of the deceased on the same day. It is further claimed that Dharam Singh (PW -5) had given beatings to the deceased on the previous night i.e. the night of 31.3.2000 and he might have committed the murder of the deceased and that he never maltreated or beat the deceased and is innocent and has falsely been implicated in the case. The accused led defence evidence and examined 7 witnesses in his defence. On consideration of the evidence on record, the learned trial Judge convicted and sentenced the accused, as aforesaid. Hence, this appeal.