PREM DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present appellants, Prem Dass and Smt. Asha Rani, have been convicted under Sections 306/498-A IPC, passed by Sessions Judge, Hamirpur, and as a consequence thereof Prem Dass appellant has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- under Section 306 IPC. In default of payment of fine he has been sentenced to a further imprisonment of three months. He has also been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 300/- under Section 498-A IPC and in default of payment of fine he was ordered to undergo further imprisonment for one month. In so far as Smt. Asha Rani, the other appellant, was concerned, she was given the benefit of probation under Section 4 of the Probation of Offenders Act and instead of being sentenced at once to any punishment, she was directed to be released on her entering into a personal bond in the sum of Rs. 2000/- with one surety in the like amount for a period of two years and was further directed to appear and receive sentence as and when called upon to do so during such period and in the mean time to keep the peace and be of good behaviour. The learned Sessions Judge further directed that Smt. Asha Rani shall remain under the supervision of the District Probation Officer, Hamirpur, during the aforesaid period of two years.

(2.) Appellant Prem Dass is the brother of Smt. Asha Rani's husband. Smt. Kamla Rani deceased and Prem Dass appellant were married about four years back from the date when the present case under Sections 498-A/306 IPC was registered against him and appellant Asha Rani at Police Station, Barsar, District Hamirpur, on the basis of the statement made to the police by Shri Dharam Singh, the father of Smt. Kamla Rani deceased. Smt. Kamla Rani deceased committed suicide on 6th June, 1987, in village Kahrwin, Tappa Bani Barsar, District Hamirpur. At the time of her death she was carrying a pregnancy of about 4-5 months. The prosecution case has been that Prem Dass appellant was having illicit relations with his brother's wife, Smt. Asha Rani appellant. On account of those relations, both the accused-appellants were alleged to be maltreating Smt. Kamla Rani deceased on the ground of her having brought less dowry. The further case of the prosecution has been that Smt. Kamla Rani was subjected to cruelty throughout her marital life with accused which led her to commit suicide by consuming insecticide on 6th June, 1987. After she had taken that poison, her husband Prem Dass removed her to Hospital at Barsar and on the asking of the Doctor (P.W. 7) Kamla Rani disclosed to the said doctor in slurred voice that she had consumed those insecticide tablets at her home on 6th June, 1987, in the evening. The deceased was given treatment but despite all that she breathed her last at about 10 at night in the Hospital. The doctor then informed the police with docket Ex. PC about the admission of Kamla Rani in the Hospital at Barsar and after the death of Kamla Rani the doctor again informed the police about her death. The police prepared the inquest (Ex. PB) in the presence of accused Prem Dass, Kartar Singh and Roshan Lal. Gastric lavage of Kamla Rani was preserved by the doctor in a sealed bottle which was handed over to the police by the doctor for chemical examination. The dead body of the deceased was sent to the District Hospital, Hamirpur, for post mortem examination where doctor K. C. Kaushal along with Doctor P.C. Gupta conducted the post mortem on the deadbody of deceased Kamla Rani and the post mortem report on record is Ex. PH. Viscera of deceased Kamla Rani was preserved by the aforesaid doctors and the same was sent for chemical analysis. The Chemical Examiner, after its examination, issued report Ex. PX.

(3.) Dharam Singh, the father of deceased Kamla, came to know about the death of his daughter on 7th June, 1987. He made the report Ex. PA to the police on the basis of which the present case was registered. The informant reported that he enquired about the death of his daughter through relatives and the villagers and he came to know that his son-in-law Prem Dass had been beating his daughter after taking liquor and that Prem Dass was having illicit relations with his brother's wife Smt. Asha Rani. He also reported that both of them used to maltreat the deceased. It was also reported that Smt. Kamla Rani had taken to her heart the relations of her husband with his brother's wife. The informant also reported that his daughter has been informing him many a times about her husband's illicit relations with his Bhabhi, the other appellant in the case Smt. Asha Rani. She also had been informing her father, the informant, that both the appellants had been maltreating and beating the deceased. The father of the deceased also reported that this information was given by the deceased to her mother also. The father also made the statement that when his son Nasib Singh was married, at that time Prem Dass accused/appellant in the presence of his wife told the deceased that he (Prem Dass) had spent rupees four thousand on the marriage of her (deceased's) brother but on the other hand her parents had not given anything to him. The father also stated before the police that Prem Dass had told his wife that at the time of his marriage no dowry was given. According to the father of the deceased, accused Prem Dass was repeatedly maltreating the deceased and had been hurling sarcasms on her for not bringing dowry. The father further disclosed to the police that his daughter Smt. Kamla Rani committed suicide because of the mal-treatment given to her by the accused persons.