STATE OF HIMACHAL PRADESH Vs. DHARMI DEVI

JUDGEMENT

(1.) THIS appeal at the instance of State of Himachal Pradesh is against judgment dated 25 -8 -1990 passed by Sessions Judge. Hamirpur, where by the respondents were acquitted of offences under Sections 306 and 498 -A, I.P.C. Respondent Dharmi Devi is the mother -in -law and respondent Ranbir Singh is the brother -in -law and respondent Rabel Singh is the husband of deceased Sheela Devi who had committed suicide by consuming pesticides on 17 -9 -1987, with a period of 1 -1/2 years from her marriage which was solemnized on 19 -4 -1986. Criminal case against the respondents was registered under Section 306 and 498 -A I.P.C. at Police Station Barsar on the complaint filed by Inder Singh PW -l. the uncle of deceased Sheela Devi that she was being harassed and maltreated by the respondents for bringing less dowry, which had forced her to commit suicide.

(2.) THE respondents in their statements under Section 313 Cr. P.C. had admitted the case of the prosecution to the extent that marriage of deceased Sheela Devi with respondent Rabel Singh was sloemnized on 19 -4 -1986 and she had given birth to a son in January. 1987. It is further admitted by the respondents that on 17 -9 -1987 deceased Sheela Devi nas committed suicide by consuming pesticides and died on the same day at 12.30 P.M. in the Hospital at Baragaon despite best medical treatment provided to her. However, they denied the allegations of harassment or maltreatment on any count much less for the demand of dowry. In defence they have examined four witnesses. Inder Singh DW -1 one of their neighbours, who has stated that 4 -5 days before the occurrence respondent Ranbir Singh was away to Barsar for appearing in his Matriculation Examination. According to him, the respondents had never treated deceased Sheela Devi with cruelty - for demand of dowry on otherwise. He has further stated that deceased Sheela Devi was of sensitive nature and used to take ill of minor matters. He has denied that deceased Sheela Devi was ever given beating by respondent Dharmi Devi. Similarly, Soma Devi DW -2 and Sukh Ram DW -3, two of the neighbours of the respondents, have deposed that deceased Sheela Devi was living happily with the respondents and she had never complained to them about her being treated with cruelty by the respondents. Sukh Ram DW -3 has also denied that at any point of time deceased Sheela devi had disclosed to him that respondent Ranbir Singh had tried to outrage her modesty. Dharam Singh DW -4 is the brother of respondent Dharmi Devi, who resides at a distance of 20 Kilometres from the village of the respondents. He has denied that respondent Dharmi Devi had visited his house 2 or 3 months prior to the death of Sheela Devi, more precisely, in July, 1987. From the statements of these witnesses the respondents have tried to counter the statement made in the letters Ex. PG and PH by deceased Sheela Devi that she had disclosed the incident of 12 -8 -1987 to her neighbours, namely. Sukh Ram DW -3 and two ladies residing in the house opposite to her house, when respondent Ranbir Singh had tried to outrage her modesty by pressurising her to have illicit relations with him taking the benefit of the absence of respondent Dharmi Devi, who had gone to the house of her brother Dharm Singh D -4.

(3.) ANOTHER witness Baljit Singh PW -30, who is first cousin of respondents Ranbir Singh and Rabel Singh, has stated that on the day of occurrence at about 9.00 A.M. he had heard respondent Dharmi Devi telling deceased Sheela Devi that she should not take meals while preparing the same and soon thereafter he heard the cries of respondent Dharmi Devi that Sheela Devi had taken some medicine of the type of insecticides and her husband Shiv Ram directed him to go to Dispensary at Baragaon to bring a doctor, which he had complied with' but the doctor refused to accompany him and asked him to bring the patient to the Dispensary. This witness has denied that the respondents had ever harassed or maltreated deceased Sheela Devi for demand of dowry or otherwise.