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Judgment
Rajiv Sharma, Judge
State has come in appeal against the judgment dated 18.11.2004, passed by the learned Presiding Officer (Additional Sessions Judge), Fast Track Court, Kangra at Dharamshala, H.P. in Sessions Trial No. 57 of 2003, whereby the respondents, who were charged with and tried for offence punishable under Sections 304-B and 498-A/34 of the Indian Penal Code, have been acquitted.
Case of the prosecution, in a nut-shell, is that on 25.08.2000, Amar Singh (PW-2) made a report at the Police Station, Nurpur, stating therein that he has two daughters and one of his daughters, namely, Viney Koundal was married to Deepak Kumar on 23.04.2000. She was working as Lecturer on contract basis in Senior Secondary School, Bhadwar. The services of his daughter were terminated on 17.05.2000. Thereafter, his daughter was being harassed and his son-in-law had been taunting his daughter that since her services had been terminated, therefore, he will seek divorce from her. She was getting salary of `6,000/- and the same was paid to her in-laws. His daughter came to his house on 15.08.2000. He had gone to his school at 8:00 a.m. and came back at 2:00 p.m.. His wife Savitri Devi made a noise Bachao-Bachao at about 2:30 p.m. and thereafter, he ran towards the room of his daughter. He saw that his daughter had hanged herself with the ceiling fan by using her dupatta. He removed the knot of the dupatta from the ceiling fan and also removed the knot of dupatta from the neck of his daughter. According to Amar Singh, the mother-in-law of Vinay Koundal, Rajeshwari Devi, had also been harassing his daughter.
The sum and substance of the complaint lodged by Amar Singh was that his daughter committed suicide due to harassment caused by her husband and mother-in-law. The statement of Amar Singh was recorded in the daily diary and a case u/s 306/498-A/34 was registered against the respondents vide F.I.R. No. 178 of 2000, dated 25.08.2000.
The matter was investigated and after completing all the codal formalities, challan was put up before the Court. The statements of the accused were also recorded u/s 313 of the Code of Criminal Procedure. They have taken the plea of total denial. They have also examined DW-1 and DW-2. Learned trial Court acquitted the respondents vide judgment dated 18.11.2004. Hence, this appeal by the State.
Mr. R.K. Sharma, learned Senior Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents. He then argued that Viney Koundal has committed suicide due to the harassment caused to her by the respondents.
Mr. Ajay Sharma, learned counsel for the respondents has supported the judgment dated 18.11.2004.
We have heard the learned counsel for the parties and gone through the records carefully.
The post-mortem of the deceased Viney Koundal was conducted by Dr. P.K. Ahluwalia (PW-1). According to him, the cause of death was due to hanging.
Amar Singh (PW-2), father of the deceased has testified that he married his daughter Viney Koundal to accused Deepak Kumar on 23.04.2000. She was working as Lecturer in Senior Secondary School, Bhadwar on contract basis. Her services were terminated. Accused Deepak Kumar quarreled with his daughter and left her at his house. The accused also threatened to divorce his daughter in case Scooter is not given to him. The accused rang up his daughter, but she did not reply and after that a friend of accused Deepak Kumar rang to her and told that Deepak Kumar had greed not to make any demand and she should come to his house. She went to the house of accused alongwith her cousin Ravi Kant. However, the accused Deepak Kumar and his mother did not talk to his daughter and told that why she had come. Accused Deepak Kumar left her at the house of her parents. She went back to her in-laws, however, she came back to her parents on the day of Raksha Bandhan. Accused also handed-over two letters to Amar Sngh, which were written by his daughter. In the first letter, his daughter had written that she will commit suicide due to harassment and beatings given to her by her husband and in the second letter she had written that she will divorce her husband and will remain in her parents'' house. Thereafter, the accused snatched both these letters and left his house. The accused took her to the hospital for treatment. The accused did not purchase any medicines and took away the prescription slip and left his daughter in his house on the scooter. On 25.08.2000, he had gone to the school and came back at about 1:45 p.m.. After taking meal he slept. When his wife opened the door, she found Viney Koundal hanging from the fan. She started crying. He dismounted the body. His daughter-in-law brought the doctor, who declared her dead. Thereafter, the matter was reported to the police.
PW-3, Smt. Savitri Koundal is the mother of the deceased. She has also stated that after the marriage whenever her daughter had been coming to her house, she had been weeping and complaining that the accused had been making demand and harassing her to give account of earlier pay, which she had received. She was married in April, 2000. She was harassed after her services were terminated. On 25.08.2000, the accused contacted her daughter on telephone. She attended the telephone, however, she refused to take meal. But, she made her daughter to take two Chapaties. Thereafter, when she went to the room of her daughter, she found her hanging from the fan. She cried and husband woke up and her daughter-in-law also came there and called the doctor. But, the doctor declared her dead.
PW-4, Smt. Arpana Chaudhary is cousin of the deceased. According to her, after the marriage the deceased Viney Koundal had been weeping and saying that she is hard of money and that the accused had taken her ornaments and had been harassing her and calling her old and had also been giving beatings to her.
PW-5, Smt. Sushma Koundal is sister-in-law of the deceased. She has stated that after marriage, the deceased had been weeping and complaining that her husband and mother-inlaw and sister-in-law had been demanding dowry, i.e., scooter and money which she had earned from her job. She was looked after properly till she remained in service, but after termination of her services, the accused started harassing her. According to her, the accused Deepak Kumar and his mother had been demanding scooter and other dowry.
PW-6, HHC Hari Ram had taken the photographs of the deceased. PW-7, Inspector Nathu Ram had recorded the F.I.R. Ex. PW-2/A, on the basis of statement of the complainant Amar Singh.
PW-9 Rajinder Kumar is neighbourer of the deceased. According to him, after hearing the telephone, the deceased left the house and was sad.
The investigation was carried out by PW-10, Sub Inspector Purshotam Chand. He had obtained the post mortem report.
PW-2 Amar Singh, PW-3 Smt. Savitri Koundal, PW-4 Smt. Arpana Chaudhary and P-5 Smt. Sushma Koundal have made improvements in their statements before the Court. They had not deposed in their statements made before the Police that the accused had made any demand for Scooter. They had not stated that the accused had given beatings to the deceased or harassed her. The parents of the deceased have not lodged any complaint with the Panchayat or to the Police about the cruelty. The deceased has also not lodged any complaint against the accused persons for the demand of dowry or cruelty. PW-2 Amar Singh has stated that the accused has shown him two letters written by his daughter. These letters were not retained by Amar Singh. It is difficult to believe that the accused handed over two letters and thereafter snatched the same from Amar Singh. In case in one of the letters it was mentioned that his daughter will commit suicide, he should have made inquiries from her. The statement of PW-2 that the accused has not purchased any medicines is falsified since the accused had produced the cash memo of the medicines which he has purchased for the deceased. The deceased has committed suicide in the house of her parents.
What emerges from the observations and discussions made hereinabove is that the prosecution has miserably failed to prove the case against the accused. Consequently, we will not interfere in the well reasoned judgment of the trial Court. Accordingly, there is no merit in this appeal and the same is dismissed.