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1999 Supreme(HP) 260
HIMACHAL PRADESH HIGH COURT
M. R. VERMA, J.
AJIT SINGH AND ANOTHER
VERSUS
STATE OF HIMACHAL PRADESH
Criminal Appeal No. 96 of 1996,
Decided on : 7-12-1999.
The court held that the prosecution had proved that the deceased had committed suicide due to the harassment and torture meted out to her by the accused persons, and that the statements of the witnesses related to the deceased were reliable.
Headnote:
CRIMINAL APPEAL - CONVICTION FOR OFFENCES UNDER SECTIONS 498-A AND 306 READ WITH SECTION 34 OF THE INDIAN PENAL CODE - HARASSMENT AND TORTURE OF WIFE LEADING TO SUICIDE - EVIDENCE OF WITNESSES RELATED TO THE DECEASED - RELIABILITY - DELAY IN RECORDING STATEMENT UNDER SECTION 154, CR. P.C. - EFFECT - MITIGATING CIRCUMSTANCES - SENTENCE.
Fact of the Case:
The deceased, Usha Devi, was married to the accused, Ajit Singh, in September 1993. After a few months of cordial relations, the accused persons started harassing Usha Devi, alleging that she was corrupt. Usha Devi complained about the harassment to her mother and sister-in-law. On 5th April 1994, Usha Devi's dead body was found in a jungle near her parents' house. The postmortem report opined that she had died of poisoning.
Finding of the Court:
The court found that the deceased had committed suicide due to the harassment and torture meted out to her by the accused persons. The court relied on the statements of the deceased's brother, father, mother, and sister-in-law, who testified about the harassment faced by the deceased. The court also considered the evidence of the investigating officer, who recorded the statement of the deceased's brother under Section 154, Cr. P.C.
Issues: 1. Whether the prosecution had proved that the deceased had committed suicide due to the harassment and torture meted out to her by the accused persons. 2. Whether the statements of the witnesses related to the deceased were reliable. 3. Whether the delay in recording the statement under Section 154, Cr. P.C. was fatal to the prosecution case.
Ratio Decidendi: 1. The court held that the prosecution had proved that the deceased had committed suicide due to the harassment and torture meted out to her by the accused persons. The court relied on the statements of the deceased's brother, father, mother, and sister-in-law, who testified about the harassment faced by the deceased. The court also considered the evidence of the investigating officer, who recorded the statement of the deceased's brother under Section 154, Cr. P.C. 2. The court held that the statements of the witnesses related to the deceased were reliable. The court noted that the witnesses were not to gain anything by making false allegations against the accused persons. The court also noted that the accused persons themselves believed that the deceased had had premarital love affairs with a person other than her husband, which would have resulted in harassment and torture of the deceased. 3. The court held that the delay in recording the statement under Section 154, Cr. P.C. was not fatal to the prosecution case. The court noted that the investigating officer had already requested for a gazetted officer to reach the spot, and that the statement was recorded only after the arrival of the gazetted officer.
Final Decision: The court dismissed the appeal and upheld the conviction of the accused persons. However, the court reduced the sentence awarded to the accused persons, considering the mitigating circumstances of the case.
1. This appeal is directed against the judgment dated 24-2-1996 passed by the learned Additional Sessions Judge, Kullu whereby the accused-appellants have been convicted under Section 498-A read with Section 34 of the Indian Penal Code and accused-appellant Ajit Singh (hereinafter referred to as accused No. 1) has been sentenced to undergo rigorous imprisonment for 3 years and to pay fine in the sum of Rs. 5,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year under Section 306 of the Indian Penal Code and to undergo rigorous imprisonment for one year and to pay fine in the sum of Rs. 2,000/- and in default of payment of fine to undergo further simple imprisonment for 6 months under Section 498-A of the Indian Penal Code and respondent-accused Nathi Devi, (hereinafter referred to as accused No. 2) has been sentenced to imprisonment till rising of the Court and to pay fine in the sum of Rs. 5,000/- and in default of payment of fine to undergo simple imprisonment for one year under Section 306 read with Section 34 of the Indian Penal Code and to imprisonment till rising of the Court and pay fine in the sum of Rs. 1,000/- and in default of payment of fine to undergo simple imprisonment for 6 months under Section 498/34 of the Indian Penal Code.
2. Case of the prosecution in brief is that Usha Devi (since deceased) was married to accused No. 1 in the month of September, 1993. For a few months relations between them remained cordial, but thereafter the accused persons started harassing said Ushal Devi on the allegation that she was corrupt. Therefore, Usha Devi on several occasions went to her partent's house and complained about the harassment meted out to her to her mother, Mangri Devi (PW-3) and sister-in-law, Bimla Devi (PW-4). About 15 days before 5-4-1994 due to such harassment she had come to her parent's house. On the next day accused persons also came to their house and took Usha Devi to their house. On 1-4-1994 brother of Usha Devi, namely Daulat Singh (PW-1) received a message from accused No. 1 to come to Darka because the accused intended to effect divorce between Ajit Singh and Usha Devi. Daulat Singh (PW-1), his mother, Mangri Devi (PW-3) and Narain Singh (PW-6) uncle of Usha Devi went to Darka. Accused persons, Usha Devi and two other persons from Dugi Lag met them at Darka. At that time Usha Devi disclosed that she wanted to reside in the house of her parents and not in her matrimonial house. However, accused Nathi Devi pursuaded Usha Devi, to accompany her to her matrimonial house which Usha Devi finally did and the brother, mother and uncle of Usha Devi returned back to their house. On 3-4-1994, Usha Devi again came to her parent's house, stayed there for some time and went back. During her short stay, she had been complaining about her harassment by the accused persons without any rhyme or reason. On 5-4-1994 Daulat Singh (PW-1) came to know from one Surinder Singh (PW-7) that dead body of a woman was lying in Naseri Het Jungle. Therefore, Daulat Singh along with other villagers went to the spot and found that dead body was of her sister, Usha Devi. He then made a statement under Section 154, Cr. P.C. Ex. PW-1/A to the police on the basis of which F.I.R. Ex. PW-9/A was registered in police station, Kullu. As per the F.I.R. Daulat Singh (PW-1) has reported that Usha Devi had committed suicide because of the harassment meted out to her by the accused persons. In the meanwhile one Kamal Thakur (PW-11), who had seen the dead body on 5-4-1994, but could not identify it, reported the matter to the police vide report Ex. PW-11/A. Inspector Paras Ram (PW-12) the then S.H.O., Police Station, Kullu on receipt of information vide report Ex. PW-11/A, proceeded to the spot where Neerat Singh (PW-2), father of Ushal Devi and her brother-in-law Bhagat Ram were already present. He prepared the inquest report Ex. PW-2/A and site plan Ex. PW-10/A and sent the dead body to District
