KULDIP ALIAS SUKHIA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal, under Section 374 of the Code of Criminal Procedure, is directed against the judgment, dated 8th September, 2008, of learned Additional Sessions Judge, whereby the appellant, who, alongwith his father, mother and grandmother, was charged with and tried for offences, under Sections 498 -A and 306, read with Section 34 of the Indian Penal Code, has been convicted of the offences, under Sections 306 and 498 -A of the Indian Penal code, and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 10,000/ -, in respect of offence, under Section 306 of the Indian Penal code; and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 5,000/ - for the offence, under Section 498 -A of the Indian Penal Code, though his father, mother and grandmother stand acquitted.

(2.) CASE of the prosecution, as it emerges from the evidence, led, during trial, may be summed up thus. Deceased Usha Devi was married to the appellant in march, 2002. For the first five -six months, she was treated well and with roundness, but thereafter the appellant, his father Chuharu Ram, his other Manbhari Devi and his grandmother Phoolan Devi, started harassing her. They would often taunt her that she did not know any job and was incapable of performing even the routine household chores. Once, about eight months prior to her death (death took place on 15th March, 2004), Usha Devi called her brother PW -6 Om Parkash and her cousin PW -9 Paras Ram to the matrimonial home. When they went there, they saw that her face was swollen and she was also having injury marks on her arms. On enquiry, she told them that her husband (appellant Kuldip Kumar) had given her beatings. PW -6 Om Parkash and PW -9 Paras Ram asked the appellant to mend his ways and not to give any beatings to the deceased in future. He admitted his fault and not only apolozied but also assured that in future she would not be beaten up.

(3.) ON 15th March, 2004, the room, on the upper storey of the house, where the deceased lived with her husband, was seen to be on fire, by PW -10 Brahmi Devi, a neighbour of the deceased. She also heard some noise. She informed one Kuldip Sharma, telephonically, to apprise electricity people of the fire in the house and also informed the appellant, whose name is also Kuldip, who, at that time, was at his shop. Pradhan of the Panchayat, PW -11 Onkar Chand, on coming to know that the house of the appellant and his parents was on fire, went to the house of the appellant and saw the deceased lying in burnt condition, in a room, on the upper storey of the house. He informed the police. Parents of the deceased were also informed by the Pradhan, on telephone.