IMPORTANT POINT
Role of Judge in a criminal trial is not a mere silent and dumb spectator but to act in consonance with law to ensure that justice is done.

JUDGMENT

Dev Darshan Sud, J.—This appeal has been preferred by the State against the judgment passed by the learned Sessions Judge, Hamirpur, acquitting the respondents for offences under Sections 498A, 306 read with Section 34 I.P.C. Respondent No.1 Kaam Raj is the son of Har Parkash respondent No.2 and respondent No.3 Bimla Devi is the mother of respondent No.1

2. The prosecution case in brief is that Rachna Devi deceased was the daughter of PW1 Braham Dass. Accused respondent No.1 was employed in a factory at Ludhiana as a fitter. He was married to the deceased in the year 1996 according to Hindu rites and customs. The allegation against the respondents was that after the wedding, her mother-in-law Bimla Devi, father-in-law Har Parkash and Kaam Raj used to beat her up and abuse her. Fed up with this behaviour, she went to Ludhiana with her husband accused respondent No.1 in the year 1996 and stayed there for about one month. Whenever she used to visit her parents, she used to complain to her father and mother that her in-laws and husband harassed and subjected her to cruel treatment. As a result, 5/6 months prior to the incident, she had consumed some poisonous medicine but survived. Again in the month of November 1997, her husband took her to Ludhiana where they stayed for about one and half months. Thereafter, she and her husband visited her parents and on the next day, they left for the village of the respondents. Two days thereafter, the in-laws of the deceased met PW1 Braham Dass in his house and informed him that the deceased should stay with him and they would take her back after Lohari, but Rachna Devi refused to do so and went to her in-laws. Respondent No.1 husband wanted to divorce her because he suspected that she was writing love letters to some person and he also started harassing/torturing her. On 13.1.1998 in the evening, he received information by telephone that Rachna Devi had gone to visit her sister Bhagwati Devi (PW2) where she was taken seriously ill. At night he along with up-pradhan Amar Nath rushed to village Ghandoli where he found that in the evening at around 4 p.m., the deceased and accused respondent No.1 Kaam Raj were visiting Bhagwati Devi (PW2). At that time, Rachna was walking unsteadily. Both had taken some water and tea thereafter. He concludes by saying that she was tortured and tormented for the reason that she could not bear any child.

3. On 14.1.1998, PW11 S.H.O. Jai Chand, Police Station, Barsar visited the house of the accused where her dead body was lying. He prepared inquest report Ex. PW11B and Ex.PW11C and photographs Ex. P5 to Ex.P8 taken as apart of the record. He also recorded Ex. PA statement of Braham Dass and this was the basis for registration of the F.I.R. On the evidence on record, the learned Sessions Judge holds that Ex. PA was the basis of the entire case in which PW1 Braham Dass stated that the deceased was under the influence of some evil spirit and remained depressed. She was melancholic because she was not bearing any child. He has made general allegations regarding cruel treatment etc.

4. PW2 Bhagwati Devi, the elder sister of the deceased stated that the deceased had been visiting Ludhiana etc. where her husband was working as a fitter. She went there 3/4 times. She stated that the accused used to beat her up, abuse and maltreat her. She had counseled the deceased that she should not leave the house of her husband. She then says that the deceased told her that her mother-in-law used to say that the deceased could not bear any child and used to beat her up on that count also and for this reason they wanted to get Kaam Raj remarried. On 10.1.1998 Kaam Raj accused respondent No.1 had telephoned and asked PW2 Bhagwati Devi to visit Paplah to meet the deceased. Accordingly she went there and invited them to visit her on Lohari. On 13.1.1998 at around 4 p.m., the deceased came to her house. At that time, she was in the court-yard. When she entered the house, she foun