KAMAL SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1.4.2005 passed by the learned Sessions Judge, Chamba whereby the Appellant/accused (hereafter referred to as 'the accused') has been convicted under Sections 498-A and 304-B IPC and has been sentenced to rigorous imprisonment for two years and fine Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for six months under Section 498- A and rigorous imprisonment for seven years under Section 304-B IPC.

(2.) Case of the prosecution in brief is that Sunaina Kumari (since deceased) was married to the accused on 1.5.2002 at village Parihar. After about 1-1/2 months of the marriage the accused started ill treating the deceased physically as well as mentally by proclaiming that one Beena was better looking than her and also raised the demand for a washing machine. The deceased disclosed these facts to her parents and on 25.6.2002 and on the asking of PW-1 she narrated these facts in the presence of Beli Ram and Tilak Raj (PW-5) respectively Pradhan and Up-Pradhan of the Panchayat also. As advised by the said Pradhan and Up-Pradhan Gian Chand (PW-1) father of the deceased, along with his wife, Jagdish Chand and Rajinder Kumar (PW-2) went to the house of the accused to settle the matter. The accused confessed the accusations and begged for pardon and assured that he would not subject the deceased to cruelty. The parents of the accused also took the responsibility of ensuring that in future the deceased was not ill treated physically or mentally by the accused. On 4.8.2002 when PW-1 returned home after attending the Minjar fair at Chamba he came to know that his daughter, the deceased, had died. He want to the place of occurrence i.e. Nadunala where the police had already reached pursuant to the Rapat Roznamcha Ext.AD lodged by one Ramesh Kumar (DW-1) to the effect that the dead body of a woman was floating in Chamera Dam lake below Narunala. Statement Ext. PW-1/A of PW-1 was recorded by ASI Uttarn Chand under Section 154 Code of Criminal Procedure on the basis of which F.I.R. Ext.PW-ll/A came into being at Police Station, Khairi and investigation followed. On post-mortem examination of the deceased the concerned Medical Officer opined that the deceased died of the drowning leading to cardiac arrest vide post-mortem report Ext. PA. The ornaments which were found on the person of the deceased at the time of her post-mortem examination were taken in possession vide memo Ext.PW-4/A. A Gagar filled with water which the deceased is stated to have carried to the place of occurrence i.e. Narunala was taken in possession by the police from the spot vide memo PW-3/A. The photographs of the dead body and the spot were taken and are Exts. PW-l/A-1 to A-10 and Mark AD-1 to AD-5. Rough site plan of the spot as prepared by the Investigation Officer is PW-13/ A. The viscera of the deceased which was preserved at the time of her medical examination was got chemically analyzed and as per report of the Assistant Director State Forensic Science Laboratory Ext.PW-13/A no alcohol or poison was found in the viscera. On completion of the investigation, a charge sheet was submitted by the officer incharge of Police Station, Khairi and as a consequence the accused came to be tried by the trial Court on a charge under Sections 498-A and 304-B IPC.

(3.) To prove the charge against the accused prosecution examined as many as 14 witnesses. Statement of the accused was recorded under Section 313 Code of Criminal Procedure wherein he has denied the incriminating evidence and claimed that he did not maltreat or beat the deceased nor he had ever demanded any dowry and that she slipped into the dam and drowned. The accused led defence and examined Ramesh Kumar (DW-1) and Chiranji Lal (DW-2).