VARINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Complainant Sh. Virender Singh, victim of the occurrence, aggrieved by the judgment dated 18.11.2010 whereby respondents No. 2 to 4 (hereinafter referred to as the accused) have been acquitted from the charge under Sections 498-A and 306 read with Sec. 34 Penal Code framed against each of them has preferred this appeal on the grounds inter alia that material piece of evidence viz. the conversation of deceased Seema Devi with her mother and her sister-in-law (Bhabhi) Renu PW-5 over cell phone has not been taken into consideration without assigning any plausible reason and rather erroneously ignored. The remaining evidence as has come on record by way of the testimony of complainant Virender Singh (PW-1) and Amit Kumar (PW-4) which also proves the torturing and mal-treatment of the deceased at the hands of accused persons and the abetment of commission of suicide by her is also stated to be erroneously ignored. The deceased had committed suicide in the matrimonial home within 7 years of her marriage with accused Manoj Kumar and as the accused persons have failed to offer plausible explanation qua commission of suicide by her, in case it was not due to her maltreatment at their hands, the Court below has gravely erred in not drawing the presumption under Sec. 113-A of the Indian Evidence Act against them. The link evidence was also sufficient to bring guilt home to the accused persons, however, the same has also not been relied upon. The impugned judgment, as such, has been sought to be quashed and set aside.

(2.) Deceased Seema Devi was daughter of Virender Singh (PW-1) and sister of Amit Kumar (PW-4) whereas sister-in-law (Nanad) of PW-5 Renu. She was married to accused Manoj Kumar on 12005 according to Hindu rites and ceremonies. The said accused was adopted son of his co-accused Raj Rani and Des Raj. PW-2 Sukhdev Singh is the natural father of accused Manoj Kumar. The said accused was employed in CRPF. Out of this wed-lock, one son was born to deceased Seema Devi from the loins of her husband accused Manoj Kumar.

(3.) PW-1 Virender Singh, the father of the deceased vide his statement recorded under Sec. 154 Crimial P.C. Ext. PW-1/A had reported that his daughter was treated nicely by the accused persons in the matrimonial home for about 3 years. Thereafter, they started quarreling with her on trivial issues. The deceased was being treated with physical and mental cruelty by them. He was apprised qua all this by his wife Kashmiro Devi. He allegedly visited the house of accused on 2-3 occasions and asked them to behave with his daughter properly but of no avail as while treating her nicely for few days, the accused persons started quarreling with her again. The comments and taunts such as deceased was not knowing to perform the agricultural work were being passed on by them upon her.