STATE OF H.P. Vs. KAMLI DEVI

JUDGEMENT

(1.) RESPONDENT is the mother-in-law of deceased Savita Devi, who committed suicide on 14th August, 1990, by consuming aluminum phosphide. The marriage of the deceased with the son of the respondent had taken place within seven years of her committing the suicide. Father of the deceased PW-1 Prabhu Ram lodged a report with the police that the deceased used to be harassed by her husband and the respondent, on account of insufficiency of dowry and that she was not treated well. Police registered a case, under Section 304-B IPC, and on completion of investigation challaned the respondent. The husband of the deceased was given a clean chit.

(2.) TRIAL Court framed charge for the offence punishable, under Section 304-B IPC, against the respondent. Respondent pleaded not guilty. Prosecution examined 14 witnesses to bring the charge home. Respondent denied having ever demanded dowry or Whether reporters of the local papers may be allowed to see the judgment? illtreated or harassed the deceased. Trial Court acquitted the respondent. State has appealed against the judgment of acquittal.

(3.) EVIDENCE with regard to the allegation of harassment is too vague. The statements of the witnesses are of general type. The witnesses have stated that the deceased used to complain that she was harassed by the respondent for her father having not given sufficient dowry at the time of the marriage. None of the witnesses, including father of the deceased PW-1 Prabhu Ram, testified as to what were the alleged acts/omissions/conduct of the respondent that constituted harassment. Also, we find that the evidence with regard to the allegation of demand for dowry is contradictory and vague. PW-1 Prabhu Ram testified that once a sum of Rs.5,000/- had been demanded for separate living of the deceased and her husband. He stated that this money was demanded from him by the deceased at the instance of her husband and not the respondent, but PW-2 Ram Dass Sharma stated that the aforesaid amount of money had been demanded by the deceased at the instance of the present respondent.