SUMITRA Vs. SEWAK RAM

JUDGEMENT

(1.) These two revision petitions arise out of the common order dated 3-12-1993 passed by the learned Sessions Judge, Shimla directing the discharge of the respondent Sewak Ram in Criminal Case No. 49-S/7 of 1993 under Section 306, I.P.C. The State of Himachal Pradesh, as also Smt. Sumitra Devi the mother of the deceased have assailed the aforesaid order and prayed for its reversion through the instant proceedings.

(2.) . Shortly stated the facts are as under :- Seema since deceased was married to Ram Swarup more than seven years back. Respondent - Sewak Ram is the father-in-law of the deceased. Deceased Seema Devi consumed poison on 23-11-1991 and committed suicide. On 27/01/1992 Smt. Sumitra, the mother of the deceased lodged a report in Police Station, Dhali regarding the aforesaid incident alleging that the respondent Sewak Ram abetted the commission of suicide by his daughter-in-law. According to the version of the complainant Smt. Sumitra, her son-in-law namely Ram Swarup had apprised her that respondent Sewak Ram used to maltreat the deceased Seema Devi since long. The prosecution case further is that during the married life of the deceased consequent to the continuous harassment meted out to her at the hands of her father-in-law Sewak Ram, respondent, she had to disclose the facts to her husband and to her mother and other relations which resulted in the shifting of the family from native place of the respondent to that of the residence of her mother and thereafter tenanted premises near Kaliwari at Shimla. After residing there for sufficiently long time for a period of more than three years, respondent again took the family to his native place. The case of the prosecution is that respondent Sewak Ram again started harassing/mal-treating the deceased. On 23rd of November, 1991 which was Saturday her husband who is daily wage employee in Fruit Canning Unit, Nav Bahar, Shimla had come to home; that she along with her husband and two children namely Manoj Kumar and Sandip Kumar were enjoying movie; that during interval she came out and after consuming poison stated to Ram Sawrup, her husband that her relations with him were only up to that time and had now come to an end. The prosecution case further is that continuous harassment by respondent ultimately resulted into the commission of suicide by the deceased.

(3.) . Investigation commenced on the report lodged by Smt. Sumitra, aforesaid, police recorded the statements of Manoj Kumar, Ram Sawrup and other persons. The deceased having been hospitalised. Her viscera was also sent to Chemical Examiner and report was also sought therefrom. Post-mortem report was also obtained.