State of Himachal Pradesh vs Mehar Singh

V.K. Ahuja, J.—This is an appeal filed by the State of H.P. u/s 378 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Hamirpur, dated 16.9.2003, vide which he acquitted the respondent of the charge framed against him under Sections 306/498-A I.P.C. Briefly stated, the facts of the case are that an information was received at Police Station Bhoranj from one Nikka Ram on 26.4.2000, at about 12.30 midnight, that body of one Ruma Devi had been brought to Community Health Centre, Bhoranj, in burn condition for treatment. On receipt of this information, the then SHO and the police officials went to the hospital, moved an application as to whether Smt. Ruma Devi was fit to make statement or not. She was found unfit as per opinion of the Medical Officer. She was referred to Zonal Hospital where she died and postmortem was conducted on the body of the deceased. The Investigating Officer recorded the statement of PW-2 Vidya Devi, mother of the deceased, u/s 154 Cr.P.C. A case was registered and after investigation, the challan was filed before the Court of learned Judicial Magistrate Ist Class (I), Hamirpur, who committed the case to the Court of learned Sessions Judge, who tried the respondent as detailed above, leading to his acquittal.

We have heard the learned counsel for the parties and have gone through the record of the case.

The submissions made by learned Deputy Advocate General were that there is sufficient evidence on record to prove the guilt of the respondent and, therefore, the findings to the contrary are liable to be reversed.

The most material witness can be said to be PW-2 Vidya Devi, mother of the deceased. She has stated that the deceased was married to one Raghu Ram and out of this wed lock, a son and a daughter were born. The said Raghu Ram left the place in search of work, but thereafter he was not heard, nor he came back. The accused is the younger brother of Raghu and he started pressurizing the deceased to live with him as his wife, as his wife had already died. The deceased had told PW-2 about this fact and on her refusal to live with the accused, the accused used to give her beatings. About 20 days prior to her death, the deceased came to her house and complained that after giving her beatings, the accused had thrown her from the staircase. She stayed in the house of her mother and on the next day, the accused visited her house and forcibly took the deceased alongwith him. She learnt about the burning and went to the house of the accused and gave a statement. She admitted in cross-examination that her daughter used to be hard of money as her husband was not sending money to her, though she volunteered that she used to maintain her. She admitted that she had complained to the parents of the accused and the father of the accused had already expired since long and his mother used to reside with the deceased in the village. She denied the suggestion that the deceased committed suicide on her own due to paucity of funds and want of maintenance.

The other material witness can be said to be PW-3 Uma Devi, sister-in-law of the deceased, who stated that the deceased was married to Raghu Ram and was having two children. Her husband went in search of work and never returned. The deceased used to visit her house and told her that the accused was compelling her to live with him as his wife and when she refused, she was given beatings. She also stated similarly that she was informed by the deceased that the accused after giving her beatings, 20 days back, had thrown her from the staircase. The accused visited their house and took the deceased with him forcibly, though the deceased was not willing. She further stated that the accused made the deceased to live with him and she was living with him per force.

PW-4 Kamla Devi, Pradhan of Mahila Mandal of village, has stated that the deceased was known to her. Her husband was missing for the last 4-5 years. The deceased had complained to her that the accused used to beat her and quarrel with her. She had not given any reason for beating. She went to the house of the accused and advised the family members that the accused should not quarrel and thereafter, the accused and deceased lived peacefully. PW-6 Parveen Kumar is the son of the deceased, aged about 11 years and has not stated anything material.

PW-1 Dr. Naresh Sharma, Medical Officer, had conducted the postmortem, issued MLC Ext. PW1/B and postmortem report and had examined the accused with some burn injuries.

From the discussion of the evidence led by the prosecution, it is clear that there is some evidence to show that the accused used to compel the deceased to live with him as his wife and had also given her beatings 20 days prior to her death and it was on her refusal that he threw her from the staircase. However, no report was lodged with the police, Panchayat or any authority, in case, some injuries had been inflicted upon the person of the deceased as she was thrown from the stairs. There is no medical of the deceased conducted at any time in regard to the injuries. It is also surprising that the deceased was allowed to go with the accused some days prior to her death and the accused had taken her forcibly. No attempt was made by the mother of the deceased or other relatives to prevent the accused from taking the deceased forcibly. Some villagers could have also been called there and the mother of the deceased could have refused to send her daughter. However, she states that she went back and they lived peacefully and, therefore, the charge as against the respondent in regard to the cruelty meted out to the deceased or the abetment of suicide does not stand proved beyond any reasonable doubt. The findings of the learned Sessions Judge to this extent do not call for an interference by this Court, which cannot be termed as perverse in any manner. In view of the above discussion, we accordingly hold that there is no merit in the appeal filed by the appellant, which is dismissed accordingly. The bail bonds furnished by the respondent shall stand discharged forthwith.