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2017 Supreme(HP) 286

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Sanjay Karol, Vivek Singh Thakur, JJ.
State of Himachal Pradesh – Appellant
Versus
Raj Kumar – Respondent
Criminal Appeal No. 377 OF 2015
Decided On : 22-04-2017

Advocates Appeared:
For the Appellant :Mr. V.S. Chauhan, Additional Advocate General, with Mr. Puneet Rajta, Deputy Advocate General
For the Respondent:Mr. Yudhbir Singh Thakur, Advocate

The prosecution must prove essential ingredients for establishing guilt beyond reasonable doubt, and acquittal strengthens the presumption of innocence in favor of the accused.

Headnote:

Acquittal - Indian Penal Code - 498-A, 306 - 498A, 306

Fact of the Case:

The State appealed against the acquittal of the accused under Sections 498-A and 306 of the Indian Penal Code. The deceased was alleged to have committed suicide due to harassment and beatings by the accused.

Finding of the Court:

The court found that the prosecution failed to prove essential ingredients for establishing the guilt of the accused under Sections 498-A and 306 IPC beyond reasonable doubt.

Issues: The issues revolved around proving the harassment and abetment to suicide by the accused, as well as the credibility of the witnesses' statements.

Ratio Decidendi: The court emphasized the need for specific evidence of cruelty or harassment and the requirement to establish mens rea for abetment of suicide. The acquittal strengthened the presumption of innocence in favor of the accused.

Final Decision: The appeal was dismissed, and the acquittal of the accused was upheld.

JUDGMENT :

Vivek Singh Thakur, J.

1. Aggrieved by acquittal of respondent-accused vide judgment dated 23.04.2015, passed by the learned Additional Sessions Judge (1), Mandi District Mandi, H.P. Camp at Sunder Nagar in Sessions Trial No. 07 of 2012 in case FIR Whether reporters of Local Papers may be allowed to see the judgment? No. 64/2011 dated 13.05.2011, registered under Sections 498-A and 306 of the Indian Penal Code in Police Station Sundar Nagar Mandi, H.P., the State has preferred present appeal with prayer to set aside impugned judgment and to convict respondent-accused under aforesaid sections.

2. On 13.05.2011 at about 12.20 AM, police machinery was set in motion by PW-2 Lal Singh and PW Bansi Ram (not examined) through telephonic message to Police Station, Sunder Nagar, District Mandi informing that Meera Devi (deceased) wife of accused had expired in suspicious circumstances. The said information was recorded as rapat No. 5/A dated 13.05.2011 Ex.PW-6/A and PW-10 Inspector Amar Chand alongwith Police officials including PW-9 ASI Tarlok Chand rushed to the spot where PW-1 Lalman, brother of deceased, made a statement Ex. PW-1/A under Section 154 Cr.PC stating therein that his sister deceased Meera Devi was married to accused about 20 years back and accused had been maltreating his sister for not delivering a child and dowry. However, after about 18 years of marriage, deceased delivered a son but despite that accused continued beating his sister under influence of liquor and for want of gifts from parents of deceased and as and when, after interval of 6-8 months, deceased visited her parental house, she had disclosed to him that accused was not desisting from beating her. About 8-9 months ago, on knowing that accused had beaten deceased very badly, he had rushed to their house along with his relatives. On 12.05.2011, at about 11.19 PM, he was telephonically informed by Jeet Ram about death of deceased where upon he along with his brother accompanying relatives reached village Challoni in a Jeep and found dead body of deceased lying in the courtyard. On inquiring about it, accused told him that deceased hanged herself with rope on door of newly under construction house and he had brought deceased from the spot to the courtyard. It is alleged by PW-1 Lalman in his statement that his sister was subjected to beating and harassment by accused after marriage and accused compelled deceased to die and she committed suicide because of harassment and beatings in the hands of accused.

3. Aforesaid statement Ex. PW-1/A was sent to Police Station as ‘Ruka’ and on receiving said ruka, PW-7 SI Madan Lal lodged FIR Ex. PW-7/A and recorded endorsement Ex. PW-7/B in this regard on the ruka Ex. PW-1/A. Dead Body of deceased was sent for postmortem to Government Hospital, Sunder Nagar. PW-4 Dr. Rafia Banu conducted postmortem of deceased and Viscera was also sent to State FSL, Junga. As per report from State FSL no alcohol/poison was detected in liver, spleen, stomach, kidney and large intestine of the deceased. As per postmortem report Ex. PW- 4/A deceased died due to asphyxia as a result of hanging leading to cardio respiratory failure and death.

4. PW-9 ASI Trilok Chand recorded statements of some of witnesses, whereas, PW-10 Inspector Amar Chand conducted and completed rest of investigation.

5. On completion of investigation challan was presented in Court and the accused was charge-sheeted under Sections 498-A and 306 IPC. On completion of trial, accused stands acquitted.

6. We have heard learned counsel for parties and have also gone through the record.

7. Prosecution has examined 10 witnesses to prove its case. Out of them PW-1 Lalman brother of deceased, PW-2 Lal Singh Pradhan Gram Panchayat, PW-3 Banita Kumari, niece of the deceased and accused, PW-8 Gulaba Ram maternal uncle of deceased have been examined to prove harassment to deceased by accused leading her to commit suicide. Rest of witnesses is Doctor and police officials who remain



































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