Himachal Pradesh High Court
Rupi Devi And Another vs State Of H.P on 7 May, 2015
Bench: Rajiv Sharma, Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. Appeal No. 480 of 2007 along with Cr. Appeal No.111 of .
2008.
Reserved on: 24th April, 2015.
Decided on : 7th May, 2015
1. Criminal Appeal No. 480 of 2007
Rupi Devi and another .....Appellants.
Versus
State of H.P.
r .....Respondent.
2. Criminal Appeal No. 111 of 2008.
State of H.P. .....Appellant.
Versus
Rupi Devi and another .....Respondents.
Coram
The Hon'ble Mr. Justice Rajiv Sharma, Judge.
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1 Yes.
For the Appellant(s): Mr. Anup Chitkara, Advocate for appellants in Cr. Appeal No.480 of 2007 and Mr. M.A. Khan, Addl. Advocate General for the appellant in Cr. Appeal No. 111 of 2008.
For the Respondent(s): Mr. M.A. Khan, Addl. A.G. for the respondent in Cr. Appeal No. 480 of 2007 and Mr. Anup Chitkara, Advocate, for the 1 Whether reporters of the local papers may be allowed to see the judgment?
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respondents in Cr. Appeal No.111 of 2008.
.
_____________________________________________ Sureshwar Thakur, Judge Since, both these appeals arise from a common judgment rendered on 30.11.2007 in Session Trial No. 16-S/7 of 2007 by the learned Additional Sessions Judge, Solan, hence, they are proposed to be decided by a common judgment.
2. Criminal Appeal No. 111 of 2008 has been instituted by the State of H.P. It stands aggrieved by the judgment of the learned trial Court, whereby the learned trial Court recorded findings of acquittal against the accused/respondents qua charge framed against them under Section 306 of the IPC. On the other hand, Criminal appeal No.480 of 2007 has been instituted before this Court at the instance of the accused, who stand aggrieved by the findings of conviction recorded against them for theirs having committed an offence punishable under Section 498-A read with Section 34, IPC.
3. Briefly stated the facts of the case are that the deceased Vidya Devi committed suicide on 29.8.2006 and her body was found hanging in cowshed of her matrimonial home. The ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...3...
deceased is also alleged to have consumed some insecticides, two .
bottles of which were found lying near the door of the cow shed.
As per the prosecution, the deceased had resorted to the extreme step because of the cruelty meted out to her by her mother-in-law Rupi Devi and her husband, Narbir Singh. She is alleged to have been harassed and maltreated right from the inception of her marriage till the time she finally bid adieu to her worldly journey.
She had been married to Narbir Singh in the year 1990.
4. Immediately after the marriage, the accused is alleged to have started harassing the deceased. In 1992 after the deceased gave birth to a daughter things deteriorated further and the deceased is alleged to have returned back to her parental house. In 1993, accused Narbir Singh is stated to have tried reconciliations through a Panchayat, but all in vain. The deceased continued to remain in her parental house and also took up a job in a Anganwari Centre in village Seri. In the year 1994, the accused Narbir Singh had got issued a notice through his lawyer in order to persuade her to join his company. The said efforts of Narbir Singh also did not yield result. Finally in the year 2004, the accused Narbir Singh again made an endeavour to persuade the deceased ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...4...
to join his company by approaching "CASA-VISA" a family .
conselling Centre, set up under the aegis of Central Social Welfare Board, Government of India, New Delhi to settle the family dispute.
Finally a compromise was entered inter se the husband and wife and the deceased joined her husband accused Narbir Singh at her matrimonial home. From 2004 onwards the deceased was living in her matrimonial house.
5. On 29.8.2006 Smt. Rita Thakur, PW-4 the Pradhan of Gram Panchayat Basal received a telephonic information that the deceased Vidya Devi had committed suicide and by the time she reached the spot the police had also reached the spot. The police thereafter had taken the photographs of the spot and taken two bottles lying there into possession in her presence. The copy recovered from the room of the deceased was also taken into possession vide memo Ex.PW4/B, which also bears her signatures.
The matter was reported to the police by PW-1 Shri Geeta Ram, the brother of the deceased vide Ex.PW1/A. The grounds of harassment and maltreatment projected by the prosecution are that the deceased used to be given beatings by the deceased in trivial and petty issues and the accused used to coax the deceased to ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...5...
demand her share in the property and demand dowry from her .
parents. The police investigated the case and collected the evidence.
6. On conclusion of the investigation, into the offences, allegedly committed by the accused, final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the Court.
7. The accused were charged for theirs having committed offences punishable under Section 306, 498-A read with Section 34, IPC to which they pleaded not guilty and claimed trial.
8. In order to prove its case, the prosecution examined 17 witnesses. On closure of prosecution evidence, the statements of accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication. In defence, the accused had examined one witness.
9. On appraisal of the evidence on record, the learned trial Court, returned findings of conviction against the accused for theirs having committed offence punishable under Section 498-A read with Section 34, IPC. However, it acquitted the accused for the ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...6...
charged framed against them under Section 306 read with Section .
34, IPC.
10. The accused are aggrieved by the findings of conviction recorded by the learned trial Court for theirs having allegedly committed offence punishable under Section 498-A read with Section 34, IPC. The learned counsel appearing for the accused has concertedly and vigorously contended that the findings of conviction recorded by the learned trial Court, are not based on a proper appreciation of evidence on record, rather, they are sequelled by gross mis-appreciation of the material on record.
Hence, he contends that the findings of conviction, be reversed by this Court, in exercise of its appellate jurisdiction and be replaced by findings of acquittal.
11. On the other hand, the learned Additional Advocate General appearing for the State has with considerable force and vigour, contended that the findings of acquittal, recorded by the learned trial Court below in favour of the accused for theirs having allegedly committed offence punishable under Section 306 read with Section 34, IPC, are not based on a mature and balanced ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...7...
appreciation of evidence on record, hence, necessitate interference .
by this Court.
12. This Court with the able assistance of the learned counsel on either side, has, with studied care and incision, evaluated the entire evidence on record.
13. The accused as disclosed and underlined by postmortem report Ex.PW7/A proved by Dr. Sandeep Jain (PW-7) wherein he has recorded the hereinafter extracted observations, concluded there upon and also on the strength of the report of Chemical Analyst, comprised in Ex.PW17/B, who on receiving the viscera of the deceased had found it to be containing organo phosphorous, a poisonous substance, that cumulatively hence the demise of the deceased occurred on account of asphyxia sequelled by hanging as also by consumption of organo phosphorous poison.
The demise of deceased Vidya Devi is per se not homicidal rather is suicidal. Observations recorded by PW-7 in post mortem report, Ex.PW7/A, read as under:-
"Ligature marks.
Externally there was a ligature of blue dupatta around the neck with knot over the ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...8...
right angle of mandible ligature mark was .
present below the ligature which was dark brownish in colour starting from right mastoid region and running anteriorly below the chin and towards left side visible up to mid line of neck posteriorly. The width of mark at right mastoid region was 2x5 cm and increasing upto 5 cm anteriorly and left lateral side. r Length of mark was 25 cm. There was abrasion over the right mastoid area.
Dissection of ligature mark:- Skin and sub cautaneous tissue from the ligature mark was dissected and showed the dry white sub cautaneous tissue. The mussel and vessels, underline the mark, were congested underlying bones were not fractured."
14. The accused Narbir Singh and the deceased were married in the year 1990. A daughter, Kumari Samriti was born out of the wedlock inter se accused Narbir Singh and deceased Vidya Devi. The demise of the deceased by hers committing ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...9...
suicide occurred in the year 2006. However, relations inter se .
deceased Vidya Devi and accused Narbir Singh developed estrangement after one year of the marriage. Sh. Rajnish Kumar (PW-10) deposes that immediately a year after the marriage of deceased Vidya Devi with accused Narbir Singh, the former lodged a report with the police station regarding her maltreatment which sequelled a compromise inter se the deceased and her accused husband. However, the compromise did not have the desired effect as deceased Vidya Devi returned to her parental home. In the year 1993 as deposed by PW-6, accused Narbir Singh convened a Panchayat whereupon deceased Vidya Devi was persuaded to rejoin the company of accused Narbir Singh. Consequently, deceased Vidya Devi rejoined the matrimonial company of accused Narbir Singh. However, her stay at her matrimonial home did not last long, inasmuch as in the very same year i.e. in the year 1993, the deceased on having come to be harassed and humiliated by the accused, was coerced to as deposed by PW-1 and PW-2 join Aganwari Centre at Village Seri. Accused Narvir Singh strived and concerted to, in the year 2004, through the aegis of the Samgra Vikas Samiti, Kandaghat, whose Director deposed as PW-8 (L. ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...10...
Tomar) by instituting an application before him, to solicit his help in .
retrieving deceased Vidya Devi to her matrimonial home. With the efforts of PW-8, who summoned deceased Vidya Devi to the Centre, a compromise was effectuated inter se deceased Vidya Devi and accused Narbir Singh comprised in Ex.PW8/C, in pursuance whereof, deceased Vidya Devi rejoined her matrimonial home.
However, even after hers having rejoined the matrimonial home, the deceased Vidya Devi continued to render duties at Anganwari Centre, Seri.
15. PW-1 Shri Geeta Ram, though has deposed that since the year 1990 the accused started harassing and humiliating the deceased, besides he deposed that in the year 1992 when deceased Vidya Devi gave birth to a female child, the accused unleashed harassment upon her. Moreover, he deposes that accused Narbir Singh financed a truck and when he was unable to defray the loan installments, he perpetrated harassment and physical cruelty upon deceased Vidya Devi which constrained the deceased to ask/request him to give her a sum of Rs.80,000/-
which request was acceded to by PW-1 by his handing over an amount of Rs.80,000/- to accused Narbir Singh. The aforesaid ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...11...
statement in his deposition comprised in his examination-in-chief of .
his having paid to the accused on the request of his deceased sister a sum of Rs.80,000/- to enable accused Narbir Singh to defray the loan installments of his truck has remained un-shattered in his cross-examination. Therefore, the said fact hence with formidability can be concluded to have been established by the prosecution. Moreover, the further harassment meted out by accused Narbir Singh to his deceased sister is comprised in the fact of accused Narbir Singh, insisting upon his deceased sister to demand her share in the parental property. In addition, the deceased has been deposed by PW-1 to have also been harassed for working in the Aganwari Centre, Seri. Besides, the deposition of the mother of the deceased, (PW-6 Smt. Shayama Thakur) discloses the fact that after a month of the marriage of the deceased with accused Narbir Singh, the former started quarreling with the deceased and was taken to belabour the deceased over trifles. Moreover, she deposes that when the pregnancy of the deceased was three months old, the accused took to belabour her.
However, the aforesaid deposition of both PW-1 and PW-6 though portray factum of harassment, humiliation as also belabouring ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...12...
constituting maltreatment having been perpetrated upon the .
deceased by the accused in the year 1992. Nonetheless, obviously given the improximity and remoteness inter se the harassment, maltreatment and physical cruelty arising from the facts as deposed by PW-1 and PW-6, with the fateful incident which occurred in the year 2006, consequently for lack of proximity in time inter se the purported incidents of mental and physical trauma which were heaped upon the deceased, the effect of such harassment, humiliation and belabourings as well as concomitant mental trauma which beset the accused cannot hence be concluded to have continued to have till the fateful occurrence their effect upon the psyche of the deceased so as to, as a natural corollary facilitate a conclusion that the aforesaid incriminatory acts attributed to the accused by PW-1, PW-2 and PW-6 constituted the actuatory and fomentary factors for the deceased to commit suicide, rather, the inference is that given the efflux of time since the perpetration of the purported acts of physical and mental trauma upon the deceased at the instance of the accused and the fateful occurrence, the effect thereof stood abated or waned.
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16. Moreover, even the compromise, Ex.PW8/C effectuated .
inter se accused Narbir Singh and deceased Vidya Devi by PW-8, the Director of Samgra Vikas Samiti, Kandaghat which led to the deceased to rejoin her matrimonial home bespeaks the fact of hence the deceased having forgiven the accused for their previous misdemeanour. Compromise, Ex.PW8/C was recorded in the year 2004, in quick spontaneity thereto the deceased rejoined her matrimonial home. The fateful occurrence took place in the year 2006. Therefore, the apt and germane evidence which has to be disinterred and discerned is whether in the intervening period since the year 2004 when the deceased was constrained by Ex.PW8/C to rejoin her matrimonial home and the fateful occurrence which took place in the year 2006, the accused subjected the deceased to physical as well as mental trauma which hence instigated the deceased to commit suicide so as to then conclude whether the offences for which the accused came to be charged and tried stand substantially and cogently proved. The oral evidence qua the fact of the accused Narbir Singh having perpetrated physical cruelty upon the deceased is comprised in the testimony of PW-5, the daughter born out of the wedlock of accused Narbir Singh with ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...14...
deceased Vidya Devi. However, the factum in the deposition of .
PW-5 comprised in her examination-in-chief, of the accused having perpetrated physical cruelty upon the deceased cannot invincibly be concluded to have occurred in the period intervening 2004 to 2006, especially when in her examination-in-chief, she is reticent qua the factum of the accused belabouring the deceased within the aforesaid period, besides when she in her cross-examination admits the suggestion that during the year 2006, the deceased was never belaboured by the accused in her presences, upsurges an inference that even the deposition of PW-5 is unable to communicate that in the relevant and germane period, inasmuch as period in the intervening 2004 to 2006, the accused belaboured as well as harassed the deceased and hence perpetrated mental trauma as well as physical cruelty upon her. In sequel, there is abysmal want of oral evidence bespeaking the fact that both the accused in the germane period intervening 2004-2006 subjected the deceased to physical as well mental cruelty which led the deceased to commit suicide.
17. However, the learned trial Court has untenably thrown overboard the import and significance of the suicide note comprised ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...15...
in Ex.PW9/A to Ex.PW9/F proved by PW-9 Sh. Visheshwar Sharma, .
Scientific Officer, State Forensic Laboratory, Junga to be scribed by the deceased, on his comparing it with her admitted writings A-1 to A-72, comprised in Ex.PW9/G-1 to Ex.PW9/G-72. An incisive and circumspect scanning of the suicide note of the deceased comprised in Ex.PW9/A to Ex.PW9/F loudly bespeaks the factum that the deceased was under immense pain and suffering in her matrimonial home. A reading of the opening of the suicide note wherein she has asked her daughter PW-5 to sell her "Mangal Sutra" and her ring for rearing expenses to complete her matriculation does portray the fact that it was scribed at a time contemporaneous to the fateful occurrence, inasmuch as, in the fateful year, when her daughter PW-5 was prosecuting studies in the 9th class. Therefore, the aforesaid fact narrated in the opening of the suicide note Ex.PW9/A to Ex.PW9/F constrains this Court not to omit to discard it especially when it stands proved to be in the handwriting of the deceased, besides it being for the reasons aforesaid contemporaneous to the fateful occurrence. In sequel, the enunciations therein attributing a incriminatory role to the accused acquire a hue of credibility. The deceased therein having ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...16...
authorized her daughter to consign her to flames rather permitting .
the accused to do so is a strong pointer to the factum of the intensity of estrangement in her relations with the accused.
Besides, she therein having attributed to accused Rupi Devi a role of the latter having used derogatory terms against her cannot also be outweighed, as given the severity of the relentlessly used invectives against her by accused Rupi Devi her psyche was shattered. Even though, the enunciations attributing an incriminatory role to the accused though do not bespeak physical cruelty having been heaped or perpetrated upon her by the accused, besides there is also no ascription with specificity with contemporanity in timing vis-à-vis the fateful occurrence and the incriminatory roles attributed to both the accused by the deceased, which instigated and fomented her to commit suicide. Nonetheless, the bemoaning element in the suicide note, Ex.PW9/A to Ex.PW9/C is communicative of the relentless and perennial mental trauma having come to be perpetrated by both the accused upon her especially in the fact as occurring therein of hers beseeching her brother PW-1 to not solemnize the marriage of PW-5 (her daughter) in a home where the in-laws carry an avarice in their ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...17...
mind constraining them to demand her share in her parental home.
.
The aforesaid fact is also existing in the testimony of PW-1, obviously then since the time when PW-1 communicates in his testimony of the accused harassing her to demand her share in the parental property till the preparation of suicide note by the deceased, the said harassment at the instance of the accused continued unabatedly. The continuity of harassment on the score aforesaid and it having been kept alive by the accused till the fateful occurrence underscores the factum of the psyche of the deceased having been bruised, besides she being beset with a severe mental trauma. The mental bruises, trauma and wounds seeped into the psyche of the deceased. The immensity of the pain inflicted upon her psyche by the acts of the accused comprised in their relentlessly perpetrated discreet vocal harassment and humiliation did enjoin a mental trauma upon the deceased, as such, even if oral evidence is amiss qua the accused in quick immediacy or proximity to the fateful occurrence perpetrated belabouring upon her so as to constitute such acts falling within the ambit of physical cruelty. Nonetheless, the feelings of anguish arising from the strong under current of her bruised and traumatized psyche by use ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...18...
of derogatory epithets by accused Rupi Devi and the systematic .
discreet escalating and repeated demands by accused Narbir Singh upon her for hers claiming share in the parental home nourished an animosity in her mind towards both the accused, besides it so deeply seeped and pervaded her mental psyche so as to bring turmoils and turbulences therein. The turnmoils and turbulence which beset her mental psyche constituted mental cruelty, if not, physical cruelty, as such, the mental cruelty with which her mental psyche was traumatized by the acts of the accused, actuated and fomented the deceased to commit suicide.
18. In aftermath, though the learned trial Court aptly concluded that there was evidence of cruelty perpetrated by the accused upon the deceased and the accused were liable to be convicted under Section 498-A read with Section 34, IPC yet it committed a palpable legal misdemeanour while its hence concluding that the accused are not liable to be convicted under Section 306 read with Section 34, IPC. There is close nexus or interconnectivity inter se the perpetration of cruelty upon the deceased by the accused, whether physical or mental, with the commission of suicide at her instance, inasmuch as especially in ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...19...
the face of the suicide note whose import and significance has been .
discussed herein-above, having been lightly thrown overboard by the learned trial Court, though its attributing a clinching incriminatory role to the accused, rather renders a conclusion that the deceased hence was instigated and fomented by the accused to commit suicide. Consequently, the learned trial Court has committed an error while acquitting both the accused for theirs allegedly having committed offence under Section 306 IPC.
However, the learned trial Court has not committed any legal misdemeanour while convicting the accused for theirs having committed offence punishable under Section 498-A read with Section 34, IPC.
19. For the foregoing reasons, Cr. Appeal No.480 of 2007 preferred by the accused is dismissed and Cr. Appeal No.111 of 2008 preferred by the State is allowed and the judgment of the learned trial Court so far as it acquits the accused for theirs having committed the offence punishable under Section 306 read with Section 34 of the IPC is quashed and set aside. Accordingly, the accused are also convicted for theirs having committed offences punishable under Sections 306 read with Section 34 of the IPC ::: Downloaded on - 15/04/2017 18:07:49 :::HCHP ...20...
besides theirs having committed offences punishable under Section .
498-A read with Section 34, IPC.
20. Given the facts and circumstances of the case, both the accused/convicts are sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.5000/- each for theirs having committed offences punishable under Section 498-A read with Section 34, IPC. They are further sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.5,000/- each for theirs having committed offences punishable under Section 306 read with Section 34, IPC. In default of payment of fine amount, they shall further undergo simple imprisonment for a further period of one month on both counts. All the sentences shall run concurrently. The period of detention, if any, undergone by the accused during the investigation, inquiry or trial of the case, be set off against the term of imprisonment imposed on them.
(Rajiv Sharma)
Judge
7th May, 2015 (Sureshwar Thakur)
(jai) Judge
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