IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 548 of 2010 Reserved on: 06.12.2024 Date of Decision: 20.12.2024 Balwant Singh alias Rahul ...Appellant.

Versus State of H.P. ...Respondent.

Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting?¹ No For the Appellant : Mr. Vinay Thakur, Advocate.

For the Respondent/State : Mr. Lokender Kutlehria, Additional Advocate General.

Rakesh Kainthla, Judge The present appeal is directed against the judgment dated 26.11.2010 passed by learned Sessions Judge Kangra, at Dharmshala, vide which the appellant (accused before learned Trial Court) was convicted of the commission of an offence punishable under Section 498-A of Indian Penal Code (in short IPC) and order dated 30.11.2010 vide which he was sentenced as under:

Under Section 498-A To suffer simple imprisonment for 3

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

(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 appeal are that the police presented a challan against the accused for the commission of offences punishable under Section 498A, 306, read with Section 34 of IPC. It was asserted that Anju Bala (since deceased), daughter of informant Bodh Raj (PW5), was married to Rahul @ Balwant Singh (the present accused) as per Hindu rites and custom. Rahul and his parents, Rattan Chand and Krishna Devi, started harassing Anju Bala after one year of her marriage. Rahul used to supply milk. He used to tell Anju that he had suffered a loss in the milk supply business and she should bring the money from her parents. The informant paid ₹ 1.5 lakh to Anju Bala on different occasions. However, the accused, Rahul, continued to demand more money. Rattan Chand, father of accused Rahul, turned Rahul and Anju Bala out of his home. Rahul started residing in Jalandhar with Anju Bala. Rahul asked Anju Bala to bring the household article from her parents. The informant gave her a television, bed, almirah and fan. The accused continued to harass Anju Bala for bringing more money. Anju Bala came to her matrimonial home, where she was harassed by her parents-in- law. She went to her parent’s home and told her parents about the harassment. The informant made a complaint to the Women’s Cell, who summoned Rahul and his parents. They assured the police not to harass Anju Bala. The informant sent Anju Bala with the accused. The accused, Rahul, took her to Jawalji, from where they went to Dehra, Sanot. The accused did not allow Anju Bala to talk to her parents. She called the informant on 27^th-28^th December 2005 and said that her father-in-law had visited Sanot and taken her children with him to Pathankot. She was being harassed in her matrimonial home, and she should be taken to her parent’s home. Subsequently, she committed suicide by hanging herself due to the harassment of the accused. The matter was reported to the police. An entry (Ext.PW17/A) in the daily diary was recorded at the Police Station. ASI Brahmu Ram (PW1) HHC Amir Chand, LC Surindra Kumari, and Inspector Om Prakash (PW17) went to verify the correctness of the information in the ofÏcial vehicle bearing registration No. HP39-7271, which was being driven by Constable Shiv Charan. Inspector Om Parkash found the door of the room bolted from inside. He forcibly opened the door and made entry into the room. He found the dead body of Sonia @ Anju hanging with the hook of the fan with the help of her Dupatta (scarf) around her neck. He called the photographer who took the photographs (Ext.PW8/A1 to Ext.PW8/A7 whose negatives are Ext.PW8/A8 to Ext.PW8/A14). He cut the dupatta. He informed the relatives of the deceased about the death of Anju Bala. Bodh