2016 Supreme(HP) 1586

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
P.S. Rana, J.
Manoj Kumar & others – Appellants
Versus
State of Himachal Pradesh – Respondent
Cr. Appeal No. 4247 of 2013
Decided On : 06-09-2016

In cases of cruelty and abetment of suicide within four walls of a house, the burden is upon the owner of the house to prove his innocence as per Section 106 of the Indian Evidence Act 1872.

Headnote:

DOWRY DEATH - SECTION 498A IPC & 306 IPC - CONVICTION - FACTS & CIRCUMSTANCES - HELD, CONVICTION SUSTAINED AGAINST CO-APPELLANTS MANOJ KUMAR AND ROOP SINGH, BUT SET ASIDE AGAINST CO-APPELLANT NIRMALA DEVI.

Fact of the Case:

Deceased Meenakshi Devi, aged 23 years, was married to co-accused Manoj Kumar on 9.12.2009 as per Hindu rites and customs. It was alleged that the deceased was kept nicely in her matrimonial house for about two months after marriage and thereafter she was subjected to maltreatment, harassment, and cruelty in her matrimonial house. It was alleged that the accused persons did not allow the deceased to contact her parents and relatives by way of telephone and it was further alleged that the accused persons also did not allow the deceased to visit her parents and relatives during family functions and festivals. It was alleged by the prosecution that on 18.2.2010 co-accused Roop Singh father-in-law of the deceased also tried to molest the deceased by way of putting off the lights of the house. It was alleged by the prosecution that the accused persons also demanded dowry from the deceased in her matrimonial house. It was alleged by the prosecution that a family compromise was also executed between the deceased and the accused persons but despite the family compromise, the accused persons maltreated the deceased Meenakshi. It was alleged by the prosecution that the deceased was also beaten by the accused persons. It was alleged by the prosecution that the deceased committed suicide in her matrimonial house on 4.12.2011 at 1.30 PM by way of burning herself with kerosene oil. It was alleged that the deceased sustained 91% burn injuries upon her body as per MLC Ext.PW12.B. It was alleged by the prosecution that information was given to the police officials. It was alleged by the prosecution that the investigating officials filed an application before the medical officer for the issuance of MLC. It was alleged by the prosecution that the statement of Meenakshi deceased was recorded in the presence of a medical officer. It was alleged by the prosecution that thereafter the deceased Meenakshi was referred to PGI Chandigarh for medical treatment. It was alleged by the prosecution that the investigating agency recorded statements of prosecution witnesses as per their versions and prepared a spot map and obtained photographs. It was alleged by the prosecution that burn clothes of the deceased and one plastic canny of five liters took into possession and sealed in a parcel. It was alleged by the prosecution that on 7.12.2011 Meenakshi died due to burn injuries at PGI Chandigarh. It was alleged by the prosecution that the investigating agency filed an application for the postmortem of the deceased and obtained a postmortem report of the deceased. It was alleged that call details of the deceased Meenakshi also obtained. It was alleged by the prosecution that a report from FSL Mandi Ext.PW11/A was also obtained.

Finding of the Court:

The court found that the prosecution proved beyond a reasonable doubt that the deceased was subjected to cruelty and harassment in her matrimonial house, which led her to commit suicide. The court also found that the accused persons had demanded dowry from the deceased and had tried to molest her. However, the court acquitted the co-accused Nirmala Devi as her name did not figure in the dying declaration given by the deceased and none of the witnesses examined in court stated by name that she had committed cruelty and abetment as alleged by the prosecution.

Issues: Whether the judgment and sentence passed by the learned Trial Court are perverse and based upon non-appreciation of oral and documentaries evidence properly as mentioned in the memorandum of grounds of appeal?

Ratio Decidendi: The court held that the testimonies of the prosecution witnesses were trustworthy, reliable, and inspired confidence in the court. The court also relied on the dying declaration of the deceased, which was corroborated by the medical evidence and the postmortem report. The court rejected the defense's arguments that the testimonies of the prosecution witnesses were contradictory and that the dying declaration was not reliable.

Final Decision: The court partly allowed the appeal. The conviction and sentence passed by the learned Trial Court against co-appellants Manoj Kumar and Roop Singh were affirmed. However, the conviction and sentence passed by the learned Trial Court against co-appellant Nirmala Devi were set aside, and she was acquitted qua the offense punishable under Sections 498-A and 306 IPC by way of giving her the benefit of the doubt.