STATE OF H.P. Vs. CHHAJU RAM

JUDGEMENT

(1.) RESPONDENTS were charged with and tried for offences of treating with cruelty and abetting the commission of suicide by deceased Raj Kumari, wife of Respondent Ramesh Kumar, daughter -in - law of Respondents Chhaju Ram and Roshani Devi and sister -in -law of Respondent Surinder, under Sections 498A and 306 of the Indian Penal Code, by the Sessions Court. On conclusion of the trial all of them were acquitted. State has appealed against the judgment of acquittal.

(2.) ALLEGATIONS on which the Respondents were sent up for trial may be noticed. Deceased Raj Kumari was married to Respondent Ramesh Kumar in the year 1983 or 1984. For five -six months, after the marriage, the deceased was looked -after and kept well. Thereafter the Respondents started ill -treating her for her having not brought any dowry in the marriage. She was deserted and left at the place of her parents, when she was sick. Her father got her treated by spending a sum of rupees three thousand. During this period of treatment she remained admitted in the hospital for about twenty days. Respondent Ramesh Kumar, her husband, visited her once but did not even talk to her. A few days later Respondents Chhaju Ram and Roshani Devi also visited her. They too did not have any talk with her. After some -time Ramesh Kumar, Respondent made an application to the Panchayat of Luthan that the father of the deceased was not allowing her to return to the matrimonial home. The Panchayat got the matter settled on 4.5.1986 and the deceased returned to her matrimonial home. Five -six months later she was again thrown out of the matrimonial home. During this period of five -six months of stay at in -laws ' place, she was subjected to cruelty. The deceased filed a petition claiming maintenance, under Section 125 of the Code of Criminal Procedure. Judicial Magistrate awarded monthly maintenance at the rate of Rs. 500/ - against Respondent Ramesh Kumar. Revision petition was filed by Ramesh Kumar, Respondent in the Court of Additional sessions Judge, who brought about a compromise between the deceased and Respondent Ramesh Kumar some -time in the year 1988 and the deceased went with Respondent Ramesh Kumar and started living with him. After that she never visited her parents nor did her parents or anybody from her parents ' family visit her. On 21.8.1990 the deceased went to the fields to do some agricultural job where she fainted. She was brought to the home of the Respondents. A doctor was called. The same day she died. Her father PW -1 Chimnu reached her in -laws ' house on the next morning. He lodged a report with the police that the deceased used to be subjected to cruelty and was driven to commit suicide by the Respondents.

(3.) DURING the course of the investigation two letters Exts. PB and PC, allegedly written by the deceased -one to her father Chimnu (PW -1) and the other to her brother Prem Chand (PW -2) - were produced by the father and the said brother of the deceased. Two note books Exts. PE and PF, allegedly containing the writings of the deceased, were also seized by the police. The letters Exts. PB and PC and the note books Exts. PE and PF, were sent to the hand -writing expert for seeking his opinion. The handwriting expert PW -6 Santokh Singh, vide opinion Ext. PU, reported that the author of the two letters Exts. PB and PC and the writings in the note books Ext. PE and PF was the same person.