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2024 Supreme(HP) 125
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Vivek Singh Thakur, Virender Singh, JJ.
State of Himachal Pradesh - Appellant
Versus
Nirmala Devi - Respondent
Cr. Appeal No. 4062 of 2013
Decided On : 20-04-2024
Advocate Appeared:
For the Appellant :Mr.Rajesh Mandhotra, Additional Advocate General.
For the Respondent:Mr. Rajnish Maniktala, Senior Advocate, alongwith Mr.Dinkar Bhaskar, Advocate.
IMPORTANT POINT
The main legal point established in the judgment is the requirement for sufficient material and trustworthy relevant evidence to prove the proximity of suicide with the alleged behavior attributed to the accused.
Headnote:
498-A and 306 of Indian Penal Code - Acquittal of accused due to lack of evidence of cruelty and harassment leading to suicide - The court found that there was no sufficient material to prove the proximity of the suicide with the behavior attributed to the accused. The appellant-State failed to provide trustworthy relevant evidence to rebut the presumption of innocence of the accused.
Fact of the Case:
The deceased was alleged to have committed suicide by driving her daughter into a river and then jumping in herself. The prosecution claimed that the accused had subjected the deceased to cruelty, harassment, and dowry demands, leading to the suicide.
Finding of the Court:
The court found that there was no sufficient material to prove the proximity of the suicide with the behavior attributed to the accused. The appellant-State failed to provide trustworthy relevant evidence to rebut the presumption of innocence of the accused.
Issues: The main issue was whether the deceased committed suicide due to cruelty, harassment, and dowry demands by the accused.
Ratio Decidendi: The court held that there was no cogent, reliable, and convincing evidence to establish that the deceased was driven to commit suicide on account of cruelty on the part of the accused.
Final Decision: The appeal was dismissed, and the accused was acquitted due to lack of evidence of cruelty and harassment leading to the suicide.
JUDGMENT :
Vivek Singh Thakur, J.
This appeal has been preferred by the State against the judgment dated 30.03.2013, passed by Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Case No.13-G/VII-2012, titled as State of Himachal Pradesh vs. Nirmala Devi, whereby the respondent-accused has been acquitted in a case FIR No.115 of 2011 dated 04.08.2011, registered in Police Station, Jawalamukhi, District Kangra, H.P., under Sections 498-A and 306 of Indian Penal Code.
2. We have heard learned Additional Advocate General and learned arguing counsel Mr.Rajnish Maniktala, Senior Advocate, and have also gone through the entire record.
3. Prosecution story, in brief, is that deceased Nisha Devi, daughter of PW.1 Leela Devi was married to one Sudhir Kumar in November 2007 and the couple was blessed with a girl child. However, Sudhir Kumar died in March 2011. Nisha Devi was employed as a Primary Assistant Teacher in Government Primary School, Dodhu. Respondent used to taunt her on various counts and used to demand dowry and due to cruelty of respondent, Nisha Devi, on 01.08.2011, drove her Scooty alongwith her daughter to bridge of Nadaun on river Beas and after parking Scooty threw her daughter in river Beas and, thereafter, committed suicide by jumping in the river.
4. PW.2 Manoj Kumar running Dhaba near Beas bridge informed Police Station, Nadaun, regarding the incident. Police came on the spot recorded statement of Manoj Kumar and sister and Mausa of deceased Nisha Devi came to the spot after knowing about suicide by Nisha Devi.
5. On 02.08.2011, a written application allegedly submitted by PW.1 Leela Devi (mother of deceased), was received in Police Station Nadaun, alleging demand of dowry and cruel behaviour and harassment by respondent deriving Nisha Devi to commit suicide. The said application was marked by SHO to PW.6 Onkar Singh, who, after preliminary inquiry, submitted his report that matter was pertaining to Police Station Jawalamukhi, after recording Daily Diary Entry No.10(A) Ex.PW.8/A dated 04.08.2011 at 8.15 a.m. in Police Station Nadaun by PW.8 HC Sanjay Kumar.
6. On receiving aforesaid complaint, through HHG Anuj Kumar, Daily Diary Report No.15(A) Ex.PW.9/A dated 04.08.2011 at 2.30 p.m by PW.9 Mohammad Hussain was recorded in Police Station Jawalamukhi and, thereafter, further inquiry was conducted through Police Station Jawalamukhi. PW.13 ASI Raghubir Singh, Investigating Officer, on 04.08.2011 at 3.30 p.m., recorded statement of PW.1 Leela Devi under Section 154 Cr.P.C., in her Village Jatoli Chakra. On the basis of statement of Leela Devi, FIR Ex.PW.10/A was registered which was signed by PW.10 ASI Surjeet Singh. Dead Body of Nisha Devi was found in Pong Dam on 5.08.2011. Her postmortem was conducted by PW.4 Dr. Satish Chaudhary. On 09.08.2011, dead body of daughter of Nisha Devi was also found. Postmortem of the dead body was conducted by PW.12 Dr.Gurmit Singh.
7. On completion of investigation, PW.11 SI Manohar Lal prepared the challan and presented the same in the Court.
8. Factum of commission of suicide by Nisha Devi, and before that throwing her daughter in the river by Nisha Devi, recovery and postmortems of their dead bodies are not in dispute. The point of contest between the prosecution and the respondent is whether Nisha Devi killed her daughter and committed suicide on account of cruelty, harassment and demand of dowry on the part of respondent or not.
9. To assess the counter claims of parties, statement of PW.1 Leela Devi (mother of deceased) and statement of PW.3 Babli (sister of deceased) are relevant. PW.5 Neelam Devi, Ward Panch, has been examined by prosecution to corroborate the behaviour of respondent after death of Nisha Devi and her daughter. It has come on record as also admitted by PW.3 Babli, PW.6 Onkar Singh and PW.13 Raghubir Singh that on the date of incident, i.e. 01.08.2011, sister of deceased namely Babli (PW.3), Anita Mausi and Mausa of deceased Nisha Devi came to Nadaun bridge and their
