SAVERO DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment bf Additional Sessions Judge (I). Kangra Division in Sessions Case No.2 of 1989, dated November 2, 1989. Accused Savero Devi (mother-in-Law), Damodari Devi (Sister-in-Law) and Kala Ram (Father-in-Law) have been convicted for offence under Ss. 306/ 498-N34, Indian Penal Code and sentenced to rigorous imprisonment for three years (306/34, I.P.C.), rigorous Imprisonment for two years (498-N34, I.P.C.) and fine of Rs. 5,000/- for each offence against each accused, and in default of payment of fine to undergo rigorous imprisonment for three months for each offence. Both the sentences haw been ordered to run concurrently with benefit of Section 428 of the Criminal Procedure Code. The amount of fine, on recovery, has been directed to be paid to the parents of the deceased.

(2.) Deceased Kaya Devi (hereafter deceased) was the daughter of Prem Chand. She was married to Prakam in November, 1986. The prosecution alleges that the relations between the deceased and the accused were not cordial. The deceased was subjected to maltreatment and a few days prior to the occurrence, the deceased gave birth to a son and when Smt. Krishna Devi (mother of the deceased) visited the deceased with Lugru along with a neighbour, complaint against the cruel treatment of the accused was made to her. On May 2, 1988, the deceased was found missing from the matrimonial house. Two sons-in-law accused Kala Ram visited the house of Prem Chand (father of the deceased) in the morning of May 2, 1988 and inquired whether the deceased had come there. Prem Chand told them that the deceased had not come there. However, during the day, Prem Chand was informed about the death of the deceased. The dead body of the deceased was noticed by Arjun Singh below Punna Bridge. The Station House Officer. Police Station Baij Nath visited the spot on telephonic information from Vice-President of gram Panchayat. Paprola. Since there was no Investigating Officer with the Railway Police under whose Jurisdiction the matter fell, the Station House Officer. Baij Nath prepared the investigation report by visiting the spot again. Photographs of the dead body were taken. Articles lying at the spot were also taken into possession. The dead body was sent for post mortem examination which reported that it was the result of shock due to haemorrhage.

(3.) In the evening, the dead body was cremated in her matrimonial village. Prem Chand wanted the matter to be Investigated. The Railway Police took charge of the matter and after investigation, a case for offence under Sections 306/304-B/498-N34, Indian Penal Code was initiated In the Court of Sub-Divisional Judicial Magistrate, Palampur who committed the same to the Court of Sessions where the accused were tried for offence under Ss. 306/498-A and in the alternative under Ss. 304-B/34, Indian Penal Code. The accused pleaded not guilty and claimed trial. The explanation offered by them is that they did not misbehave with the deceased. She was not subjected to any kind of ill-treatment or harassment. No demand for dowry was ever made. More over, according to custom, seeking of dowry was not there. Duting the delivery, the deceased was provided with good food and clothes. Services of mid-wife were engaged to look-after the deceased and wash her clothes. After eight days of her marriage, the deceased had gone back to stay with her parents for a year and thereafter he came to stay with them for one and-a-half month on their invitation. It is also pointed out that the deceased was in the habit of taking liquor and after five/six days of the birth of the child, Smt. Krishna Devi brought liquor for her and it was wrong to say that Smt. Krishna Devi brought Lugru and was with Smt. Machlo Devi. They have been falsely implicated and the witnesses have made false statements since they belong to the side of Prem Chand. The trial ended in the aforesaid conviction and sentence of the accused, hence this appeal.