Cruelty under Section 498-A IPC includes both physical and mental harm, and absence of dowry demand does not negate its applicability.

JUDGMENT :

Rakesh Kainthla, J.

The present petition is directed against the judgment dated December 12, 2011, passed by learned Sessions Judge, Shimla, H.P. (learned Appellate Court), which affirmed the judgment of conviction and order of sentence dated 21.12.2009 passed by learned Judicial Magistrate First Class, Court No. 1, Shimla H.P. (learned Trial Court). (For convenience, the parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court.)

2. Briefly stated, the facts giving rise to the present petition are that the victim Anshuman Sharma (PW-1) was married to accused Surinder Sharma on 17.02.2006 in Arya Samaj Temple, Solan, District Solan, H.P. against the wishes of her parents. The accused treated her properly for about one week after her marriage. Thereafter he started compelling her to bring dowry from her parents. The victim refused to do so and the accused started abusing and beating her. He would beat her on trivial matters and ask her to bring money from her parents. He would keep her confined to her room and would not provide her any food, money or water. She was not allowed to meet anyone or go anywhere. He would beat the victim in a state of intoxication. He told her that in case she failed to bring any dowry from her parents, he would beat her to death. He asked her to call her mother and demand Rs.30,000/-. The victim’s mother declined to pay the money. The parents of the accused resided with the victim and the accused and they asked the accused about the dowry brought by the victim. The accused replied that the victim had not brought any dowry. They abused the victim and gave her beatings to her. They asked the victim to bring dowry or they would marry the accused to some other person. The victim became pregnant. The accused used to beat her. The victim had married against the wishes of her parents so she could not complain to any person; however, when the situation deteriorated, she wrote letters to her parents narrating her woes. The accused took the victim for her Sonography test, where it was revealed that she was carrying a baby girl. The accused asked the victim to abort the fetus, however, the victim declined. The accused started beating and hitting her on her stomach to force her to abort the fetus. She gave birth to a baby girl on 20.04.2007. The accused became angry. He did not care for the victim. He would consume liquor and abuse the victim and her daughter and beat the victim. He gave beatings to the victim on 09.05.2007 at about 11:00 a.m. He tried to throw the baby girl on the floor. The victim intervened and the baby fell on the bed. The accused gave beatings to the victim and told her that he would kill her. He left after some time and locked the door from the outside. He returned after some time and he pushed her out of his room with the baby girl. The victim went to her parents home. The accused called her and repeated his threats of killing her and her baby. The matter was reported to the police and F.I.R. (Ext.PW-12/F) was registered at the Police Station. S.I.Prem Lal (PW-12) conducted the investigation. He seized the letters (Ext.P-1 to P-3), vide memo (Ext. PW-2/A). He visited the spot and prepared the site plan (Ext. PW-12/A). The accused produced the report of Sonography (Ext.PW-8/A), which was seized vide memo (Ext.PW-5/A). He recorded the statements of witnesses as per their version. After completion of the investigation, the challan was prepared and presented before the Court.

3. The learned Trial Court charged the accused with the commission of offences punishable under Section 498-A, 342 and 506 of IPC to which the accused pleaded not guilty and claimed to be tried.

4. The prosecution examined 12 witnesses to prove its case. Anshuman Sharma (PW-1) is the informant. Pushpa Sharma (PW-2) is the mother of the informant. Shankuntla Shandil (PW-3) is the witness to recovery. Devinder Lakhanpal (PW-4) and Arun Sood (PW-7) are the family