STATE OF HIMACHAL PRADESH Vs. SALESH SOOD

JUDGEMENT

(1.) THE instant appeal is directed by the State of Himachal Pradesh against the judgment of the learned Sessions Judge, Kullu, H.P. rendered on 01.09.2009 in Sessions Trial No. 27 of 2008, whereby, the learned trial Court acquitted the accused/respondent of the charge of his having allegedly committed offences punishable under Sections 498 -A and 306 of the Indian Penal Code.

(2.) THE brief facts of the case are that on 5.3.2008, at about 8.00 p.m., some unknown person from Gandhinagar (Kullu) telephonically informed the police that one lady has committed suicide by hanging. On the receipt of the telephonic information ASI Rattan Chand along with other police officials proceeded to Gandhinagar. Lateron, on 6.3.2008 Vinit Sood, PW -1 lodged an FIR Ex. PW1/A with police station, Kullu alleging therein that Shilpa was his younger sister and the marriage inter se his younger sister Shilpa (now deceased) and the accused was solemnized on 12.11.2007 according to Hindu rites and custom at Sultanpur. He alleged therein that on 5.3.2008 between 12 noon and 1.30 p.m., he had a talk on mobile phone with his sister Shilpa, whereby he inquired about her well being. Shilpa told that her life was lonely since he was living in a rented house at Gandhinagar. She further told that all the day she was confined within the four corners of the rented premises. She complained to her brother that she was not allowed to sit in the drawing room by accused Shalesh, her husband as she would be noticed by every passer by. The accused asked his wife to sit in the drawing room only after pasting the newspapers on the window panes. His sister was not well with her husband. Shilpa and the accused a day before had also gone in the locality at Gandhinagar to search for a new residence. His sister had not liked the new residence as it was like the present one, upon which the accused got angry and had wordy duel with his wife. Shilpa started weeping upon which accused told her that she was free to weep as she would like and thereafter on 3.3.2008 around 9 a.m. accused went to his shop after picking up his keys which was situated just opposite to Vaishali Hotel. He returned to his house at 9.45 p.m. After returning to his house he took out the suites given to his wife by his in -laws. Shilpa under valued the suites which was not liked by the accused and he got angry and told his wife that she would be reprimanded by his mother, upon which Shipa further told her husband that it would not be a new thing as her scolding by her mother -in -law was usual. Shilpa also disclosed to her brother that she used to feel bore at home, therefore, it would be better to find out some job for her. The complainant received a phone call at about 7.30 p.m., in the evening of 5.3.2008 from mobile phone of her sister Shilpa by some unknown lady, whereby it was informed that Shilpa was not well and the complainant was asked to come along with his mother. Upon receiving this message complainant along with his friend Rupinder, PW3 proceeded to the residence of his sister at Gandhinagar, where many persons were present and the accused was seen weeping at the door. On reaching inside the premises, Shipa was found dead hanging with the frame of the door. After some time Kiran Sood, PW2 mother of the deceased also arrived at the place of occurrence. The complainant further alleged that Shilpa used to feel all alone at home and she was of sensitive nature but there was no source of entertainment at home like radio and television and for quite some time she had been keeping mum. The complainant alleged that the accused used to taunt his wife and for this reason she was constrained to commit suicide. He has confirmed suspicion that her husband's taunting has forced his sister to commit suicide. He was under the shock on the previous day because of the sudden demise of his sister, as such, he had come to the police station for lodging the report. On the basis of statement of PW -1 Vinit Sood, a case under Section 498 -A and 306 of the IPC came to be registered against the accused at Police Station, Kullu. The police during the course of investigation, visited the site of occurrence and took the photographs of the spot as also done the videography of the spot. The police also prepared the inquest report and took into possession suicide note Ex. PW3/B under recovery memo Ex. PW3/C. The dead body of deceased Shilpa was subjected to postmortem examination by the Medical Officer of Regional Hospital, Kullu and the police obtained the report to this effect. The police also took into possession marriage invitation card, video camera and CD. During the course of investigation the mother of the deceased produced admitted writing of her daughter to the police which was taken into possession vide separate memo. The suicide note along with admitted writing of the deceased was also sent to the FSL, Junga for opinion. The statements of the prosecution witnesses were recorded under Section 161 of the Cr.P.C. by the Investigating Officer.

(3.) THE accused was charged by the learned trial Court for his having committed offences punishable under Sections 498 -A and 306 of the Indian Penal Code. In proof of the prosecution case, the prosecution examined 11 witnesses. On conclusion of recording of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure was recorded by the trial Court, in which the accused claimed false implication.