General, vague, omnibus allegations in matrimonial disputes insufficient for conviction under Sections 498A, 306 IPC without specific particulars, roles, proximate instigation with mens rea compelling suicide.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeals are directed against the judgment of conviction and order of sentence dated 30.11.2012, passed by learned Sessions Judge, Kangra at Dharmshala (learned Trial Court), vide which the appellants (accused before learned Trial Court) were convicted of the commission of offences punishable under Section 498A and 306 read with Section 34 of Indian Penal Code (IPC) and were sentenced as under:-

All the substantive sentences of imprisonment were ordered to run concurrently.

(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeals are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 498-A and 306, read with Section 34 of the IPC. It was asserted that the informant, Kashmir Singh (PW1), is the brother of Sapna @ Kiran (since deceased). Sapna was married to the accused Ram Pal on 08.03.2007 as per Hindu Rites and Customs. She was kept properly for about one month after her marriage. Thereafter, accused Ram Pal, Meenki Devi and Sanjeev Kumar started beating and harassing her. They used to demand dowry and money. She used to leave her matrimonial home. The informant, his mother, Krishna Devi (PW3) and Shakuntla Devi (PW2) used to counsel the accused. The accused would apologise and assure not to harass Kiran in future. However, the situation did not improve. One daughter was born to Sapna and Ram Pal. Kashmir Singh (PW1) went to drop Sapna in her matrimonial home on 04.07.2008 and stayed with her. He returned to his home at about 5:45 PM. Nobody talked to Sapna after her return to her matrimonial home; rather, the accused taunted her. Sapna consumed some insecticide on 05.07.2008. The matter was reported to the police, and entry (Mark ‘A’) was recorded in the Police Station. ASI Partap Singh (PW12) went to the hospital to verify its correctness, and entry Mark ‘B’ was recorded to this effect. ASI Partap Singh (PW12) recorded Kashmir Singh’s statement (Ext.PW1/A), which was sent to the Police Station, where FIR (Ext.PW11/A) was registered. Ajay Kumar (PW7) took the photographs (Ext.PA to Ext.PC), which were transferred to a CD (Ext. PD). ASI Partap Singh (PW12) conducted the inquest on the dead body and prepared a report (Ext.PW1/B). He filed an application (Ext.PW1/C) for conducting the postmortem examination of Sapna. Dr R.K. Ahluwalia (PW6) and Dr. Pankaj Katoch conducted the postmortem of Sapna. They found that the cause of death was shock. They preserved the viscera and handed them over to the police official accompanying the dead body. They issued the report (Ext.PW6/A). The samples were sent to SFSL Junga for analysis, and a report (Ext.PX) was issued mentioning that the viscera, blood sample of the deceased and gastric lavage contained phosphene gas. The final report issued by Dr R.K. Ahluwalia (PW6) stated that the cause of death was shock from phosphide poisoning. The statements of witnesses were recorded as per their version, and after the completion of the investigation, the challan was prepared and presented before the learned Judicial Magistrate First Class, Baijnath, who committed it to the learned Sessions Judge, Kangra, at Dharmshala (learne