ISHRO DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction dtd. 29/5/2015 and order of sentence dtd. 3/7/2015, passed by learned Additional Sessions Judge III, Kangra, at Dharamshala, Camp at Baijnath, District Kangra, Himachal Pradesh (learned Trial Court) (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

(2.) Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused for the commission of offences punishable under Ss. 498A and 306 read with Sec. 34 of the Indian Penal Code (IPC). It was asserted that Lachman Dass (PW1) had one daughter, Rama Devi (since deceased), and one son, Rakesh Kumar (PW2). The marriage of Rama Devi was solemnised with accused Gurcharan Singh as per Hindu Rites and Customs on 30/11/2007. One child was born to Rama Devi and the accused Gurcharan Singh. The accused Gurcharan and his mother, Ishro Devi, treated her properly for about two years, but they started harassing her subsequently. Rama Devi visited her parental home 15 days before her death and disclosed that her husband and her mother-in-law were harassing her and not permitting her to call her parents. She left her parental home after 2-3 days. Sakeena Devi (PW3) told the informant, Lachman Das (PW1), on 14/4/2010 at about 12:30 pm, that Rama Devi had expired. The informant and other relatives went to the matrimonial home of Rama Devi, where they were told that Rama Devi had committed suicide by hanging herself. An intimation was given to the police, and an entry No.26(A) (Ex-PA) was recorded in the Police Station. SI Inder Singh (PW12), HHC Amarjeet Singh (PW7), LC Prita Devi, HHC Ranjit Singh and HHC Desh Raj went to the spot for verification. Lachman Dass (PW1) made a statement (ExPW1/A) to the police, which was sent to the Police Station where FIR (Ex-PW1/B) was registered. The photographs of the spot (Ex-P1 to P7) were taken. SI Inder Singh (PW12) conducted the investigation. He prepared the spot map (Ex-PW12/B). He conducted the inquest on the dead body and prepared the report (Ex-PW12/C). He filed an application(Ex-PW9/A) for conducting the postmortem examination of deceased Rama Devi. Dr. Mohit Sharma (PW9) conducted the postmortem examination and found that the cause of death was asphyxia by antemortem hanging. SI Inder Singh (PW12) found a suicide note written on the left arm of the deceased. A plastic rope (Ex-P8) was found, which was taken into possession vide memo (Ex-PW2/A). The rope was put in a cloth parcel, and the parcel was sealed with 06 seals of seal "T". Its seal impression (Ex-PW2/B) was taken on a separate piece of cloth, and the seal was handed over to Ajay Sharma after use. Rakesh Kumar (PW2) produced the admitted handwriting of the deceased (Ex-PW2/C), which was seized vide seizure memo (Ex-PW2/D). The questioned handwriting contained in the photographs (Ex-P1 to P7) was sent to RFSL, Dharamshala, for comparison. A report (Ex-PB) was issued stating that the disputed handwriting matched the admitted handwriting of the deceased. No poison/alcohol was found in the viscera sent to RFSL, Dharamshala, and a report (Ex-PW9/C) was issued to this effect. As per report (Ex-PW9/D), the plastic rope could easily bear the weight of an average adult human being. The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the Court of learned Judicial Magistrate First Class -I, Palampur, District Kangra, H.P., who committed it to the learned Sessions Judge, Kangra, at Dharamshala. Learned Sessions Judge, Kangra, at Dharamshala assigned the matter to learned Additional Sessions Judge - 3, Kangra, at Dharamshala (learned Trial Court) for trial.

(3.) The learned Trial Court charged the accused with the commission of offences punishable under Ss. 498A and 306 read with Sec. 34 of the IPC, to which the accused pleaded not guilty and claimed to be tried.