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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Deepak Gupta, Sanjay karol, JJ.
State Of Himachal Pradesh — Appellant
Vs.
Jujhar Singh — Respondent
Cri. Appeal No. 456 of 1996
Decided on : 07-05-2010
Suicide - Indian Penal Code - Section 306, 498-A - Summary of Acts and Sections: The court discussed the provisions of Section 306 and 498-A of the Indian Penal Code, focusing on the evidence related to suicide, cruelty, and illicit relationship. The court highlighted the importance of proving guilt beyond reasonable doubt and the need for cogent and reliable evidence.
Fact of the Case:
Smt. Puspinder Kaur committed suicide by jumping into a water canal. Her husband, the accused, was tried for offences under Sections 306 and 498-A of the Indian Penal Code. The prosecution's case relied on a suicide note and statements of witnesses. The accused denied the allegations and was acquitted by the lower court.
Finding of the Court:
The court found that the prosecution's evidence was vague, unspecific, and not enough to establish the accused's guilt beyond reasonable doubt. It criticized the tardy and callous investigation by the police, highlighting contradictions and suppression of material evidence. The court concluded that there was no reliable material to prove the accused's guilt.
Issues: The issues revolved around the reliability of the evidence related to suicide, cruelty, and illicit relationship, as well as the conduct of the accused and the adequacy of the investigation by the police.
Ratio Decidendi: The court emphasized the need for cogent, convincing, and reliable evidence to prove guilt beyond reasonable doubt. It also highlighted the importance of a thorough and unbiased investigation by the police, as well as the duty to disclose material evidence.
Final Decision: The court dismissed the appeal, upholding the accused's acquittal by the lower court. It cited the principle that acquittal should not be interfered with unless it results in a travesty of justice.
JUDGMENT :
Sanjay Karol, J.
Smt. Puspinder Kaur committed suicide by jumping into the water canal on 26.6.1993. Her husband Jujhar Singh (accused) was tried for an offence punishable under Sections 306, 498-A, Indian Penal Code. The learned Sessions Judge, Una, District Una, Himachal Pradesh in Sessions case No. 22 of 1994, titled as State of Himachal Pradesh v. Jujhar Singh, acquitted the accused vide judgment dated 16.2.1996. The State has filed the present appeal assailing the same.
2. It is the prosecution case that sometime in the year 1988 the accused and the deceased were married to each other. Children were born out of the wedlock. HC Baldev Raj (PW-5) alongwith Constable Balkar Singh were posted on security duty at the Bhakra bridge at Nangal. On 26.6.1993 at about 11 a.m. they saw a lady keeping a child on the footpath of the canal bridge. Thereafter she immediately jumped into the canal. Both of them rushed to the spot but could not see the lady in the water. On the footpath they noticed a child who was weeping. A pair of sandle, a purse, chunni, few grapes and a suicide note (Ext.PE) was lying near the child. Through telephone they informed about the incident to the police at the Police Post Nangal. ASI Shri Harbans Singh (PW-16) rushed to the spot and tried to trace the dead body but in vain. PW-5 handed over the custody of the child to PW-16. The purse (Ext.P-1), Chunni (Ext.P-2), Sandle (Ext.P-3) and the suicide note, hereinafter referred to as Rukka (Ext.PE) was also taken into possession by PW-16. At about 5 p.m. on 27.6.1993 accused lodged a report with police Post, Mehatpur, (H.P.) to the effect that his wife and son were missing since 25.6.1993. On 28.6.1993 while Shri Gurmail Singh (Pw-15) was on patrol duty in the Bazar at Mehatpur (H.P.), Ajit Singh (PW-2) father of the deceased got his statement (Ext.PD) recorded. The same was sent to the Police Station, Una, (H.P) where Shri Darshan Singh (PW-9) recorded FIR (Ext.PD/1) dated 28.6.1993 Under Section 306 Indian Penal Code. Investigation was carried out partly by PW-15 and partly by Mohar Singh (PW-13). During investigation, on 28.6.1993 articles Exts.P-1, PW-2, P-3 and Rukka were taken into possession vide memo Ext.PG witnessed by Shri Kuldeep Singh (PW-6). On interrogation the accused produced a note book (Ext.PF) allegedly written by the deceased in her hand. The same was taken into possession vide recovery memo Ext.PK in the presence of Hakam Rai (PW-7). On 3.7.1993 post-mortem of the body was conducted by Dr.Gian Inder Dev (PW-1) and as per his report (Ext.PA) deceased died due to drowning. Statement of witnesses, namely, Smt. Bimal Kaur (PW-3) mother of the deceased and Shri Bhajan Singh(PW-4) were recorded by the police. Rukka (Ext.PE) and note book (Ext.PF) was sent to the Director, FSL, Shimla and his opinion (Ext.PM) on the handwriting was obtained by the police. After investigation challan was presented in the Court by Kashmir Singh (PW-12). Investigation revealed that accused had illicit relationship with "another" lady and in spite of reprimand he did not improve himself. This prompted the deceased to commit suicide.
3. The accused was charged for having committed an offence punishable under Section 306, 498-A, Indian Penal Code, to which he did not plead guilty and claimed trial. The prosecution examined 17 witnesses. The statement of the accused under Section 313, Criminal Procedure Code was also recorded. The defence is that of denial. The accused stands acquitted by the Court below, hence the present appeal.
4. We have heard the learned counsel for the parties and also perused the record.
5. There are some startling features about the manner in which the investigation has been carried out by the police. To say the least, it is tardy and callousness is writ large. Admittedly, the deceased had jumped into the canal on 26.6.1993. Articles Ext. P-1, Ext.P-2, Ext.P-3 and Ext.PE were taken into possession by PW-16 on the same day itself. He even took
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