STATE OF H.P. Vs. SANSARO DEVI

JUDGEMENT

(1.) - State is aggrieved by the judgment of the Sessions Court, whereby respondents, Sansaro Devi, the mother -in -law Satish Kumar, brother -in -law, Suman Lata and Pawana Devi, both sisters -in -law of deceased Sunita Kumari, have been acquitted of the charge, under Sections 304 -B and 498 -A, read with Section 34 of the Indian Penal Code.

(2.) Prosecution version may be noticed. Deceased Sunita Kumari was married to Suresh son of respondent Sansaro Devi, and brother of the other respondents, Satish Kumar, Suman Lata and Pawna Devi, in the year 1987. On 30th September, 1989, Sunita Kumari committed suicide by standing on railway track and getting herself hit by a running train. PW -7 Om Prakash was driving the train, which hit the deceased. He saw the deceased standing between the parallel lines of the railway track. He applied emergency brake, but before the train could come to a halt, the deceased was hit. She died almost instantaneously. He reported the matter to the guard and dead body was handed over to the Pradhan of the Panchayat of the area. Police was informed. Inquest was conducted on 1st October, 1989, by PW -18 Amar Chand, ASI of Railway Police Baijnath -Paprola. In the inquest report, it was recorded that besides the husband of the deceased, named Suresh Kumar, her father PW -3 Milap Chand was present and that both of them told that the deceased had been suffering from epilepsy and it appeared that because of the said ailment, which, despite prolonged treatment could not be cured, she committed suicide. The dead body was sent for postmortem examination. A number of injuries were found on the dead body. Doctor opined that the cause of death was shock due to multiple injuries and fractures. Time gab between the dead and postmortem was opined to be 6 to 22 hours. Death was reported to have taken place instantaneously with the receipt of the injuries.

(3.) No complaint was lodged with the police by the parents or any other relative of the deceased. However, one petition was addressed to the Chief Minister. Copy of the said petition is Ex.P -7. This purports to be dated 5th October, 1989. In the said petition, it was alleged that the deceased had been killed by the respondents, who used to subject her to physical and mental torture, because of her having not been given sufficient dowry, at the time of her marriage and after killing her the dead body was thrown on the railway track. It was alleged that the father of the deceased was mentally retarded and that he was sent to the place of the respondents after the death of the deceased, when someone from the village of the respondents came and informed that the deceased was seriously ill and had been remembering her father. A brother of the deceased was also sought to be sent with the father of the deceased to her in -laws place, on getting the aforesaid information, as the father was unable to take care of himself, but it was pretended that there was no room for him in the vehicle, as it was already overloaded. Despite that, a brother of the deceased boarded the vehicle but on the way he was made to deboard and to return to his place.