SOHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present appeal arises out of judgment dated 20th May, 2000 passed by Sessions Judge, Bilaspur, H.P. in sessions trial No. 28 of 1996 titled as State of H.P. vs. Sohan Lal and others, acquitting three accused persons of the charged offence and convicting the fourth, accused No.1 Sohan Lal for an offence under Section 498-A and 306, IPC and sentencing him to undergo imprisonment for a period of one year with fine of Rs.500/- and in default thereof to further undergo imprisonment for a period of 3 months for an offence under Section 498-A, IPC and for a period of five years with fine of Rs.1000/- and in default thereof to Whether the reporters of Local Papers are allowed to see the Judgment? further undergo imprisonment for a period of six months for an offence under Section 306, IPC.

(2.) AS per the case of the prosecution, deceased Smt. Krishani Devi was married to accused Sohan Lal and four children were born out of the wedlock. Accused persons Smt. Manbhari Devi, mother-in-law (accused No.2), Vidya Sagar and Kashmiri Lal, brothers-in-law (accused Nos. 3 & 4, respectively) and Sohan Lal, husband (accused No.1) maltreated the deceased Smt. Krishani Devi and did not provide clothes and meals and physically beat her. Some time before her death deceased visited her paternal home and told her mother about the harassment being meted out by the accused persons. Smt. Krishani Devi informed her mother about the beatings given to her by the accused persons but she was helpless. Sh. Bhagat Ram, brother-in-law of the deceased had also asked the accused persons not to maltreat her, but, despite this the accused continued maltreating her. On 13.4.1995 Jai Singh, brother of the deceased visited the deceased when he found her weeping and was told that all the accused persons had given her beatings. On 14.4.1995 Bhagat Ram (PW-1) and Smt. Servo Devi (PW-4) were informed that deceased had stomachache. Shri Bhagat Ram upon reaching the house of deceased found her dead. On 14.4.1995, Smt. Krishani Devi committed suicide. As such, the accused persons had caused cruelty to Smt. Krishanai Devi and they had abetted the commission of suicide. Thus, the accused persons committed the offence punishable under Section 498-A and 306, IPC.

(3.) WITH the completion of investigation, challan was presented in the Court for trial. All of the accused persons were charged for an offence under Section 498-A, 306 read with Section 34, IPC to which they pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined 10 witnesses and the statement of accused under Section 313, Cr.P.C. was also recorded. The accused took the defence that Shri Bhagat Ram (PW-1) had not returned the ornaments belonging to the deceased, therefore, she committed suicide which fact had been disclosed by her to her brother Jai Singh. Accused also examined four witnesses in their defence.