PREM CHAND Vs. THE STATE OF H.P.

JUDGEMENT

(1.) The two appellants, hereinafter referred to as the accused, stand convicted in Session Trial No. 33 of 1993, vide judgment dated 28.12.1994, by the learned Sessions Judge, Mandi, for the offences under Sections 306 and 498 -A, Indian Penal Code, Each one of them has been sentenced as follows : - S. No. Offences Sentence. 1. 306, I.P.C. Simple imprisonment for three years and fine of Rs. 2000/ -. In default of payment of fine, simple imprisonment for a period of six months. 2. 498 -A, I.P.C. Simple imprisonment for one year and fine of Rs. 500/ -. In default of payment of fine, simple imprisonment for a period of 45 days. The substantive sentences of imprisonment on the two counts were ordered to run concurrently.

(2.) Briefly stated, the matrix of the prosecution story is this. The two accused are residents of village Kapahi, within the local limits of jurisdiction of Police Station, Sunder nagar, District Mandi. They have a son name Sita Ram, who is working as a driver in Bombay. Sita Ram was married to one Smt. Bimla Devi, daughter of PW 1 Sarwan Kumar. The marriage having taken place sometime in the year 1989 -90. Since after the marriage, Smt. Bimla Devi was living with the accused in village Kapahi.

(3.) On the night intervening 16th and 17th August, 1992, a message was conveyed to PW 1 Sarwan Kumar that his daughter, Smt. Bimla Devi, had committed suicide by consuming some poison. On the receipt of such information, PW 1 accompanied by his relatives and certain other persons of his village went to the house of the accused in a truck. Finding the body of Smt. Bimla Devi still warm and believing that she was still alive, he carried her in the truck for being taken to District Hospital, Mandi, for treatment. On the way at Nar Chowk, one Govind Ram, a Compounder, on seeing Smt. Bimla Devi, told PW 1 that she was already dead. PW1, thereafter, instead of going to the hospital, brought the dead body of Smt. Bimla Devi to his house. When the dead body was being given ritual bath for the purpose of cremation, a letter purported to be written by the deceased to her parents was recovered from the sleeves of her shirt. Such letter contained the allegations of cruel treatment of the accused towards the deceased on account of dowry. Resultantly, instead of performing the last rites, PW 1 and his relations carried the dead body to Police Station, Sunder nagar, where the matter was reported and on the basis of the statement made by PW 1 Sarwan Kumar, under section 154, Code of Criminal Procedure, a case under section 306, and 498 -A. Indian Penal Code came to be registered vide FIR No. 194 of 1992, at about 11.30 A.M. on J7.8.1992.