JAI CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant Jai Chand (hereinafter referred to 'the accused') along with two others faced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code and under Section 498-A of the Indian Penal Code, 1860 (for short 'the IPC'). The learned Sessions Judge, Hamirpur found the accused to be guilty under Sections 302 and 498-A of the I.P.C. He was sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/- in default of payment of fine to undergo rigorous imprisonment for one year. However, no separate sentence under Section 498-A of the IPC is imposed upon the accused. While the others, namely, Prem Chand and Smt. Nimmo Devi were acquitted.

(2.) Prosecution version as unfolded during the trial may briefly be stated thus :

(3.) Smt. Vidya Devi was the wife of Jai Chand accused whereas Prem Chand is his brother and Smt. Nimmo Devi is the wife of their elder brother Parkash Chand. Smt. Vidya Devi was married to Jai Chand accused in the year 1996. On 13.7.2001 Smt. Vidya Devi in serious condition was taken to District Hospital, Hamirpur, by the accused for medical treatment. The Medical Officer on duty informed the police of Police Station, Sadar Hamirpur vide rapat No. 3 dated 13.7.2001 (Ext. PW-8/A) that one woman was brought to the hospital for medical treatment under suspicious circumstances. On the said information, PW-8 Sansar Chand Inspector/Station House Officer accompanied by other police personals went to the hospital. He found the dead body of Smt. Vidya Devi lying in the verandah, PW-1 Roshan Lal father of the deceased Vidya Devi was standing nearby the dead body of his daughter. He made statement (Ext. PW-1/A) to PW-8 that his son-in-law Jai Chand accused is habitual drunkard and under the influence of liquor he had been giving beatings to Smt. Vidya Devi and also treating her with cruelty. About two years prior to the death of Smt. Vidya Devi the accused left the deceased in the house of PW-1 who after pacifying his daughter sent her to the house of her in-laws. Prem Chand co-accused had given beatings to the deceased and taunted her that she was very slow in cooking the food. PW-1 again pacified his daughter and told her that small uncalled for remarks do generally happen in the joint family. Smt. Nimmo Devi accused No. 3 and Jai Chand accused also used to abuse the deceased. In these circumstances, Smt. Vidya Devi committed suicide due to maltreatment and torture by all the accused persons. On 13.7.2001 at about 8.30 a.m. one Kashmir Singh resident of the village of PW-1 informed him on telephone that his daughter Smt. Vidya Devi had been brought to the hospital, at Hamirpur where she had expired. PW-1 along with his son PW-2 Ajit Singh went to the hospital and found Smt. Vidya Devi dead. PW-1 had noticed injuries on her person.