Himachal Pradesh High Court
State Of H.P vs Sushil Kumar And Others on 18 April, 2015
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.A. No. 497/2008.
Reserved on: 17.4.2015 Decided on: 18.4.2015 ___________________________________________________ State of H.P. ...appellant.
Versus Sushil Kumar and others. ...Respondents.
______________________________________________________________ Coram:
Hon'ble Mr. Justice Rajiv Sharma, Judge.
Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting? 1 Yes For the appellant: Mr. P.M. Negi, Dy. A.G. For the Respondents: Mr. Ashwani Kumar Sharma, Advocate.
_________________________________________________________ Per Justice Rajiv Sharma, Judge.
This appeal is instituted against the judgment dated 29.2.2008 rendered by the Additional Sessions Judge (1), Kangra at Dharamshala in Sessions Case No. 21-G/2004, whereby the respondents-accused (hereinafter referred to as the "accused" for convenience sake), who were charged with and tried for offences 1 Whether reporters of the local papers may be allowed to see the judgment? Yes ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 2 punishable under sections 306 and 498-A read with section 34 of the Indian Penal Code, have been .
acquitted.
2. Case of the prosecution, in a nutshell, is that deceased Anjana Devi was married to accused No.1 Sushil Kumar in the year 1990. They were blessed with a daughter. She was residing at Amritsar with her husband. Accused No. 1 Sushil Kumar informed his in-
laws in District Hamirpur on 23.8.2003 about missing of Anjana Devi. The missing report was lodged. On 24.8.2003, at about 11.00 AM, Shri Hans Raj Ward Panch Gram Panchayat Chauli telephonically informed Police Station, Jwalamukhi about the dead bodies of a lady and a child in the well at Waryal Behar near Chauli.
SHO directed ASI Rumal Singh to visit the spot. He went to the spot alongwith MHC Dharam Chand and a lady constable Punam Kumari. ASI glanced into the well and found the child tied on the back of the lady with a Dupatta. Photographs were taken on the spot. Inquest reports were prepared. Dead bodies were sent for conducting post mortem. Post mortems were carried out.
FIR Ext. PW-11/A was registered. Letter Ext. PW-5/A ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 3 was taken into possession at the instance of Neelam Kumari sister of deceased Anjana Devi vide memo Ext.
.
PW-5/B. Statements of witnesses were recorded. Bill Ext.
PW-9/B and letters Ext. PW-4A, Ext. PW-5/D to Ext.
PW-5/H were taken into possession vide memo Ext. PW-
9/A. Other articles were taken into possession. These were sent to FSL Junga for chemical analysis. After analysis, FSL Junga sent report Ext. PA, Ext. PW-4/C alongwith Ext. PW-4/D and Ext. PW-4/E. Police investigated the case and the challan was put up in the court after completing all the codal formalities.
3. Prosecution examined as many as 15 witnesses in all to prove its case against the accused.
Statements of accused under Section 313 Cr.P.C. were recorded. They have pleaded innocence. Accused examined one witness in their defence. Learned trial Court acquitted the accused, as noticed hereinabove.
4. Mr. P.M. Negi, learned Deputy Advocate General has vehemently argued that the prosecution has proved its case against the accused.
::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 45. Mr. Ashwani Kumar Sharma, learned counsel for the accused has supported the judgment passed by .
the trial Court.
6. We have heard the learned counsel for the parties and have gone through the record meticulously.
7. PW-1 Dr. Anita Mahajan has conducted the post mortem alongwith Dr. Jitender Saxena on 25.8.2003. She has proved the post mortem report Ext.
PW-1/B. Cause of death of deceased was due to ante mortem drowning.
8. PW-2 Des Raj has deposed that Shri Roshan Lal was his father-in-law and he was having two daughters and one son. Deceased Anjana Devi was one of his daughters. Sushil Kumar was his brother-in-law.
So being the husband of only daughter of Roshan Lal, he resides in his house (Ghar Jawain). Deceased was married to Sushil Kumar as per Hindu rites. She was having one daughter. Whenever deceased Anjana used to visit her parental house, she usually complained that her in-laws, her husband, father-in-law and brother-in-law usually misbehaved with her and used to maltreat and used to give her beatings on the pretext of bringing less ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 5 dowry and also for bringing more money from her father.
She usually visited her father's house twice a month.
.
Anjana Devi ultimately committed suicide by jumping into a well alongwith her daughter Reema. In his cross-
examination, he has admitted that Anjana Devi died after 8½ years of her marriage. He has stated in his statement recorded under Section 164 Cr.P.C. that when she used to come, she used to complain that her in-laws are making demand of money, but when confronted with his statement Ext. PW-2/A, it is not so recorded.
Whenever she used to come, she used to demand money from Roshan Lal, which he used to pay, but when confronted with Ext.PW-2/A, it is not so recorded. He could not give number of times when she made demand for money nor he was in a position to tell how much money his father-in-law used to pay. He started living in his in-laws' house after retirement which took place in 1999. In his cross-examination, he has categorically admitted that Anjana Devi could not qualify 7th standard inspite of having made repeated attempts. She was mentally weak. On 21.8.2003, accused took her to Amritsar. He has also admitted that father-in-law ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 6 Jagdish Chand and mother-in-law Mansa Devi and their son and daughter-in-law of deceased used to live in .
village Majook Sultani. Anjana Devi was never ill-treated by them in his presence. He has also admitted that they were having cordial relations with each other. He has also admitted that no demand was ever made by the father-in-law, mother-in-law and brother-in-law of the deceased. She never made any complaint about ill-
treatment or demand of dowry. She might have complained to her father.
9. PW-3 Hans Raj has testified that in village Waryal Behar, one body of a female and a child were floating in the well. The police had taken out the body from the well.
10. PW-4 Dr. Minakshi Mahajan has proved her report Ext. PW-4/C.
11. PW-5 Neelam Devi is the sister of deceased.
She has deposed that Anjana Devi was her younger sister. Anjana Devi has told her that she was harassed by the accused persons, Sushil Kumar, his brother, sister, mother and sister-in-law for bringing less dowry.
After the marriage of Anjana with accused Sushil, her ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 7 father had deposited a sum of Rs.10,000/- and another sum of Rs.35,000/- in the name of Anjana Devi in fixed .
deposit. All the accused used to beat her sister and also caused mental cruelty to her. They used to demand money from the deceased as her share in the property of her parents. This demand was made by them because of her residing alongwith her husband in her parental house. Anjana Devi, deceased, had come to her house alongwith her daughter Reema for the last time on 16th August 2003. She stayed in her house till 19.8.2003 and on 20.8.2003, her brother-in-law, accused Sushil Kumar, came to her house and took her sister Anjana Devi to Amritsar. Her sister was weeping and her daughter told that her mother was beaten up by her father. She produced letter Ext. PW-5/A. She identified the handwriting of her sister Anjana Devi on Ext. PW-
4/A, Ext. PW-4/B, Ext. PW-5/C, Ext. PW-5/D, Ext. PW-
5/E, Ext. PW-5/F and Ext. PW-5/G. In her cross-
examination, she has admitted that her sister was married 8 years 6 months ago prior to her death. She has also admitted that for mental stress, her sister was got treated by her father from Dr. Glodha of Hamirpur.
::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 8She accompanied her sister once to Nagrota Bagwan for medicine. She has also admitted that deceased Anjana .
Devi was under treatment prior to 1999. A sum of Rs.
10,000/- and Rs.35,000/- were deposited in post office at Hamirpur and she was made nominee. Accused Sushil Kumar was having cordial relations with her husband and they used to meet each other when Anjana Devi was alive. She had also good relations with accused Sushil Kumar. Her husband had never disclosed to her about any incident which might have taken place between Anjana Devi and her husband.
12. Statement of PW-6 Bahadur Singh is formal in nature.
13. PW-7 Dile Ram has deposed that in the year 2003, his brother Roshan Lal had come to Amritsar. He asked for purchasing a fridge. He purchased the fridge and then handed over the same to Anjana Devi in her house at Amritsar.
14. Statements of PW-8 Nirmal Singh and PW-9 Raj Kumar are formal in nature.
15. PW-10 Bimla Devi is the mother of the deceased. She has testified that after 10-12 days of the ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 9 birth of the child, the father-in-law of her daughter telephonically informed them that their daughter was ill .
and should be taken by them. She and Vidya Devi went to the house of Sushil Kumar. They saw that Anjana Devi was beaten up and she was suffering from fever.
Anajna Devi stayed in their house for six months and after treating her properly, she was sent to the house of her husband in a fit condition. About 2 ½ years back, brother-in-law of her daughter Anjana Devi had beaten her. In her cross-examination, she has admitted that her daughter resided nicely with her husband at Amritsar.
She has also admitted that accused Sushil Kumar used to come with his wife to their house, resided with her and took her with him. She has also admitted the suggestion that her husband has got her daughter Anjana Devi treated from Dr. Glodha at Hamirpur. On the suggestion of Dr. Glodha, her daughter was got treated by Dr. N.K. Sharma of Nagrota Bagwan. Her daughter had suffered set back because of death of her only brother. Her son-in-law, Sushil Kumar had refused to reside in their house and told that he was getting handsome salary at Amritsar where he was employed.
::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 10Accused Sushil Kumar had told them that he wanted to reside with his parents as well as would keep on visiting .
them and wanted welfare of both the families.
16. PW-11 Head Constable Ashwani Kumar has recorded FIR Ext. PW-11/A.
17. Statement of PW-12 Vimukat Ranjan is formal in nature.
18. According to PW-13 Dy. SP Janam Singh, Roshan Lal has produced bill. Ext. PW-9/B, letters Ext.
PW-4/A, Ext. PW-5/D, Ext. PW-5/E, Ext. PW-5/F and Ext. PW-5/H. These were taken into possession vide memo Ext. PW-9/A.
19. Statement of PW-14 Jasbir Singh is formal in nature.
20. PW-15 Rumal Singh has conducted investigation of the case. Dead bodies were taken out from the well. The photographs were taken. He has taken into possession articles Ex.P-4 to P-15. He has also prepared site plan. He has also admitted in his cross-
examination that it has come during investigation that Anjana Devi was got treated by her father from Nagrota Bagwan.
::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 1121. Accused have also examined DW-1 Dr. Naresh Kumar Sharma. He has deposed that Anjana .
Devi was brought to his clinic on 3.7.1998. Father of Anjana Devi was also accompanying her to his clinic on 3.7.1998. She was suffering from somatization disorder.
She was responding to treatment. However, in the month of August (17th August) she developed a severe form of psychological or psychotic disorder, which was managed effectively and successfully. She improved well and remained under his treatment till February 1999.
According to him, such patients have suicidal tendency.
22. Cause of death of deceased was due to ante mortem drowning. PW-2 Des Raj has admitted in his cross-examination that deceased was mentally weak. He has also admitted that the deceased's father-in- law, mother-in-law and their son-in-law and daughter-in-law used to live in village Majook Sultani. He has also admitted that in his presence no demand was ever made by the father-in-law, brother-in-law and mother-in-law of the deceased. Though according to him, she might have complained to her father.
::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 1223. PW-5 Neelam Devi is the sister of deceased.
She has admitted in his cross-examination that for .
mental stress, her sister was got treated by her father from Dr. Glodha of Hamirpur. She has also admitted that she accompanied her sister to Nagrota Bagwan for taking medicine for her. Her sister was under treatment prior to 1999. A sum of Rs.10,000/- and 35,000/- were deposited in the post office at Hamirpur and she was made nominee. She has also admitted that accused was having cordial relations with her husband. She had also good relations with her brother-in-law Sushil Kumar.
Her husband had never disclosed that some unlawful incidences were taking place with deceased Anjana Devi.
Similarly, PW-10 Bimla Devi in her cross-examination has admitted that her daughter lived nicely with her husband at Amritsar. They used to come to their house.
She has also admitted that her husband has got treated Anjana Devi from Dr. Glodha at Hamirpur and at his instance she was also taken to Dr. N.K. Sharma. She has also admitted that her daughter has suffered set back because of death of her only brother. She has also admitted that her son-in-law has refused to reside in ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 13 their house and told them that he was getting handsome salary at Amritsar where he was employed. According to .
her, accused had told them that he wanted to reside with his parents as well as would keep on visiting them and wanted welfare of both the families.
24. What emerges from the appraisal of statements discussed herein above is that the prosecution has failed to prove that accused has ever demanded dowry or maltreated deceased Anjana Devi.
Anjana Devi was definitely suffering from mental ailment and remained under treatment. PW-2 has categorically testified that no demand of dowry was ever raised before him. Accused Sushil Kumar has even refused to reside in the house of his in-laws being satisfied with the salary which he was drawing at Amritsar. PW-10 Bimla Devi has categorically admitted that her daughter was living nicely with her husband at Amritsar.
25. Mr. P.M. Negi, learned Deputy Advocate General has vehemently argued that the suicide note is lead evidence to evidently prove that the accused has abetted the deceased to commit suicide. According to him, writing of the deceased has duly been proved as per ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 14 Ext. PW-4/C. Writing of deceased Ext. PW-4/A are required to be read with other letters taken into .
possession by the police during the course of investigation duly proved on record. The writing on other questioned documents reflects the mental ailment of the deceased. She has not given any immediate instance but has referred to what has taken place a few years back.
There is no specific allegation against accused except one instance that the brother-in-law of the deceased has beaten up the deceased. The allegations against the mother-in-law of deceased are that she had beaten up the deceased at the time of birth of the daughter.
Daughter was born about 6-7 years back. There is no specific allegation against the other accused as well. The Fixed Deposits were in the name of deceased and the nominee was her sister. This amount was never withdrawn by the accused. The prosecution has failed to prove beyond reasonable doubt that respondents were guilty of any willful conduct which was of such magnitude and was likely to drag the deceased to commit suicide. The prosecution has failed to prove ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 15 that the acts of accused have caused physical or mental cruelty to the deceased.
.
26. Their lordships of the Hon'ble Supreme Court in Bhaskar Lal Sharma and anther vs. Monica, (2009) 10 SCC 604 have held that in order to prove offence under section 498-A of the Indian Penal Code complainant must make allegation of harassment to the extent so as to coerce her to meet any unlawful demand of dowry, or any willful conduct on part of accused of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health. Their Lordships have held as under:
27. The Parliament by Act No. 46 of 1983 with a view to combat the menace of dowry deaths and harassment to woman at the hands of her husband or his relatives introduced Section 498A and Section 304B in the IPC.
Section 498A reads as under:
"498-A. Husband or relative of husband or a woman subjecting her to cruelty.-- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."
28. The `Explanation' appended thereto defines cruelty to mean: (i) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 16 injury or danger to life, limb or health whether mental or physical of the woman; or (ii) harassment of the woman where such harassment is with a view to coercing her or any person .
related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
29. Thus, the essential ingredients of the aforementioned provisions are: . 1. A woman must be married.
2. She must be subjected to cruelty.
3. Cruelty must be of the nature of:
(i) any willful conduct as was likely to drive such woman:
a. to commit suicide;
r b. cause grave injury or danger to her life, limb, either mental or physical;
(ii) harassment of such woman, (1) with a view to coerce herto meet unlawful demand for property or valuable security, (2) or on account of failure of such woman or by any of her relation to meet the unlawful demand,
(iii) woman was subjected to such cruelty by: (1) husband of that woman, or (2) any relative of the husband.
For constitution an offence under Section 498A of the IPC, therefore, the ingredients thereof must be held to be existing.
30. For proving the offence under Section 498A of the IPC, the complainant must make allegation of harassment to the extent so as to coerce her to meet any unlawful demand of dowry, or any willful conduct on the part of the accused of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health. We do not find any such allegation has been made or otherwise can be found out so as to enable us to arrive at an opinion that the appellants prima facie have committed such an offence.
::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 17The complaint petition must also be read with several other documents which form part of the complaint petition. The children from the first wife of Vikas were with Monica. Vikas .
affirmed an affidavit so as to enable Monica to apply for their passports. Vikas, therefore, wanted to have children with them.
27. Their lordships of the Hon'ble Supreme Court in Chitresh Kumar Chopra versus State (Government of NCT of Delhi) reported in (2009) 16 SCC 605 have held that in order to prove abetment of suicide under Section 306 of the Indian Penal Code, the prosecution has to prove (i) that a person committed suicide, and (ii) that such suicide was abetted by the accused, i.e. there should be an abetment for the commission of the crime.
Their lordships have held as under: -
11. Section 306 of the IPC reads as under:
"306. Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."
13. As per the Section, a person can be said to have abetted in doing a thing, if he, firstly, instigates any person to do that thing; or secondly, engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly, intentionally aids, by any act or illegal omission, the doing of that thing. Explanation to Section 107 states that any wilful misrepresentation or willful concealment of material fact which he is bound to disclose, may also come within the ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 18 contours of "abetment". It is manifest that under all the three situations, direct involvement of the person or persons concerned in the commission of offence of suicide is essential to bring home the .
offence under Section 306 of the IPC.
17. Thus, to constitute "instigation", a person who instigates another has to provoke, incite, urge or encourage doing of an act by the other by "goading" or "urging forward". The dictionary meaning of the word "goad" is "a thing that stimulates someone into action: provoke to action or reaction" (See: Concise Oxford English Dictionary); "to keep irritating or annoying somebody until he reacts" (See: Oxford Advanced Learner's Dictionary - 7th Edition).
18. Similarly, "urge" means to advise or try hard to persuade somebody to do something or to make a person to move more quickly and or in a particular direction, especially by pushing or forcing such person. Therefore, a person who instigates another rhas to "goad" or "urge forward" the latter with intention to provoke, incite or encourage the doing of an act by the latter.
19. As observed in Ramesh Kumar's case (supra), where the accused by his acts or by a continued course of conduct creates such circumstances that the deceased was left with no other option except to commit suicide, an "instigation" may be inferred. In other words, in order to prove that the accused abetted commission of suicide by a person, it has to be established that:
(i) the accused kept on irritating or annoying the deceased by words, deeds or wilful omission or conduct which may even be a wilful silence until the deceased reacted or pushed or forced the deceased by his deeds, words or wilful omission or conduct to make the deceased move forward more quickly in a forward direction;
and
(ii) that the accused had the intention to provoke, urge or encourage the deceased to commit suicide while acting in the manner noted above. Undoubtedly, presence of mens rea is the necessary concomitant of instigation.
28. Their Lordships of the Hon'ble Supreme Court in Gangula Mohan Reddy v. State of Andhra ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 19 Pradesh reported in (2010) 1 SCC 750, have explained the meaning of expression "suicide" as under:
.
7. The word suicide in itself is nowhere defined in the Indian Penal Code, however its meaning and import is well known and requires no explanation. `Sui' means `self' and `cide' means `killing', thus implying an act of self-killing. In short a person committing suicide must commit it by himself, irrespective of the means employed by him in achieving his object of killing himself.
29. Their Lordships of the Hon'ble Supreme Court in S.S. Cheena v. Vijay Kumar Mahajan reported in (2010) 12 SCC 190, have reiterated the principles of abetment of suicide, as under:
25. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. The intention of the legislature and the ratio of the cases decided by this Court is clear that in order to convict a person under Section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and that act must have been intended to push the deceased into such a position that he committed suicide.
26. In the instant case, the deceased was undoubtedly hypersensitive to ordinary petulance, discord and differences which happen in our day-to-day life. Human sensitivity of each individual differs from the other. Different people behave differently in the same situation.
30. Their Lordships of the Hon'ble Supreme Court in M. Mohan v. State represented by the Deputy Superintendent of Police (2011) 3 SCC 626, have held ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 20 that abetment involves mental process of instigating or intentionally aiding a person in doing of a thing and .
there should be clear mens rea to commit offence under Section 306 of Indian Penal Code. Their Lordships have held as under:
44. Abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. Without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.
45. The intention of the Legislature and the ratio of the cases decided by this court are clear that in order to convict a person under section 306 IPC there has to be a clear mens rea to commit the offence. It also requires an active act or direct act which led the deceased to commit suicide seeing no option and this act must have been intended to push the deceased into such a position that he/she committed suicide.
46. In V.P. Shrivastava v. Indian Explosives Limited and Others (2010) 10 SCC 361, this court has held that when prima facie no case is made out against the accused, then the High Court ought to have exercised the jurisdiction under section 482 of the Cr.P.C. and quashed the complaint.
47. In a recent judgment of this Court in the case of Madan Mohan Singh v. State of Gujarat and Anr. (2010 ) 8 SCC 628, this Court quashed the conviction under Section 306 IPC on the ground that the allegations were irrelevant and baseless and observed that the High Court was in error in not quashing the proceedings.
48. In the instant case, what to talk of instances of instigation, there are even no allegations against the appellants. There is also no proximate link between the incident of 14.1.2005 when the deceased was denied permission to use the Qualis car with the factum of ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 21 suicide which had taken place on 18.1.2005. Undoubtedly, the deceased had died because of hanging. The deceased was undoubtedly hyper-sensitive to ordinary petulance, discord and .
differences which happen in our day-to-day life. In a joint family, instances of this kind are not very uncommon. Human sensitivity of each individual differs from person to person. Each individual has his own idea of self-esteem and self-respect. Different people behave differently in the same situation. It is unfortunate that such an episode of suicide had taken place in the family. But the question remains to be answered is whether the appellants can be connected with that unfortunate incident in any manner?
49. On a careful perusal of the entire material on record and the law, which has been declared by this Court, we can safely arrive at the conclusion that the appellants are not even remotely connected with the offence under Section 306 of the I.P.C.. It may be relevant to mention that criminal proceedings against husband of the deceased Anandraj (A-1) and Easwari (A-3) are pending adjudication.
31. Their Lordships of the Hon'ble Supreme Court in Indrajit Sureshprasad Bind and others v.
State of Gujarat reported in (2013) 14 SCC 678, have held that in order to establish the offence under section 498-A of the Indian Penal Code, the prosecution has to prove beyond reasonable doubt that husband or his relative has subjected the victim to cruelty as defined either in clause (a) or clause (b) of section 498 of the Indian Penal Code. Their Lordships have held as under:
9. To establish the offence of dowry death under Section 304B, IPC the prosecution has to prove beyond reasonable doubt that the ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP 22 husband or his relative has subjected the deceased to cruelty or harassment in connection with demand of dowry soon before her death. Similarly, to establish the offence under Section 498A, IPC .
the prosecution has to prove beyond reasonable doubt that the husband or his relative has subjected the victim to cruelty as defined in Clauses (a) and (b) of the Explanation to Section 498A, IPC. In the present case, the prosecution has not been able to prove beyond reasonable doubt that the appellants have subjected the deceased to any cruelty or harassment. Further, we have noticed from Ext. 31 written by PW 3 to the deceased on 25-04-2004 that after talking to the deceased on telephone, he was satisfied that she was living happily and was not being misbehaved with. No other material having come in evidence to establish that the appellants instigated the deceased to commit suicide, it is difficult for the Court to hold that the appellants had in any way abetted the suicide by the deceased on 18-05-2004.
32. Learned trial court has correctly appreciated the evidence while acquitting the accused. This Court need not interfere with the well reasoned judgment rendered by the trial court.
33. Accordingly, in view of analysis and discussion made hereinabove, there is no merit in the present appeal and the same is dismissed. Bail bonds are discharged.
(Justice Rajiv Sharma), Judge.
(Justice Sureshwar Thakur) Judge.
18.4.2015 *awasthi* ::: Downloaded on - 15/04/2017 18:01:10 :::HCHP