RAGHUBIR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Appellant has been convicted by the trial Court (Sessions Court), for offences, under Sections 306 and 498-A of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- in respect of the offence, under Section 498-A, IPC, and to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1000/- in respect of offence under Section 306 IPC. He has challenged his conviction and sentence for the aforesaid two offences. His grievance is that there is no evidence connecting him with either of the two offences, he had been charged with.

(3.) Appellant and his mother Smt. Kamla Devi had been sent up for trial on the following allegations. Deceased Kanchan Devi was married to appellant in February, 1992. She was treated well till December, 1995 when the elder brother of the appellant, namely Ranbir Singh, got married and many items of household were given to him in dowry. Thereafter, the appellant and his mother Kamla Devi, his co-accused, started demanding for more dowry from the parents of the deceased as also the deceased herself and when their demands were not met, they started ill-treating her and at times she was given beatings also. On 17th August, 1996, when she was beaten up severely by the appellant, she left her matrimonial home and went to her parents' place, which is situated at a distance of one and half kilometer from the matrimonial home. On 21-8-1996, the mother of the appellant went to the in-laws of the appellant and brought the deceased back to the matrimonial home. On 13-9-1996, the deceased consumed tablets of aluminum phosphate. She was taken to the hospital by the appellant, where she died the same day. On coming to know about the death of his daughter, the father of the deceased rushed to the hospital. Some police officials were already there. He made a statement to the police people that his daughter was harassed by the appellant and his mother and subjected to physical torture and fed up with the ill treatment, she had taken her life. A case was accordingly registered, under Sections 498-A and 306 IPC, against the appellant and his mother. Police got the post mortem of the dead body conducted from the Medical Officer. Viscera was sent to the Chemical Examiner. Aluminum phosphate was found in the viscera by the Chemical Examiner. Trial Court charged both the appellant and his mother with offences, under Sections 306 and 498-A, IPC and on their pleading not guilty, tried them for the said offences and ultimately the appellant was convicted and sentenced, as aforesaid, while his mother was acquitted.