High Court of H.P.IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

Cr. Appeal No. 566 of 2010

Reserved on : 12.8.2016

Date of Decision: 17.8.2016

State of H.P. …Appellant

Versus

Sanjay Kumar and others …Respondents

____________________________________________________________________

Coram

Hon'ble Mr. Justice Rajiv Sharma, Judge.

Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting? Yes

____________________________________________________________________

For the appellant: Mr. M.A. Khan, Addl. A.G. with Mr. P.M.

Negi, Dy.A.G.

For the respondents: M/s Dalip K. Sharma, Avinash and Vijay

Sharma, Advocates.

____________________________________________________________________

Per Rajiv Sharma, Judge:

This appeal is instituted by the State against the impugned

judgment dated 10.6.2010 rendered by the learned Sessions Judge,

Solan, in Sessions Trial No. 1-S/7 of 2010, whereby the respondents

(hereinafter referred to as the “accused”), who were charged with and tried

for offences punishable under Sections 498-A and 306 of the Indian Penal

Code have been acquitted.

2 The case of the prosecution, in a nutshell, is that deceased

Lata, daughter of PW1 Kamla Devi, was married with accused Sanjay

Kumar in the month of January 2008. The accused Sanjay Kumar,

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Kaushalya Devi, Neelam and Reema used to harass the deceased. The

younger sister of the deceased, PW8 Diksha had gone to the house of the

accused where she noticed that all the accused persons used to torture

and harass the deceased on trivial matters. The deceased had also

informed telephonically PW5 Jai Dev, her cousin, about her torture by the

accused persons. The deceased was not offered food and the accused

Sanjay used to ask her to take loan of Rs. 1 lac in her name. PW7, Mamta,

another sister of the deceased, had also visited the house of the accused

persons to meet the deceased about 2-3 times. The deceased also

informed her that the accused persons used to torture her for money and

accused Sanjay used to ask her to take loan. The death anniversary of the

father of the deceased was in the month of May, 2008. The accused

Sanjay also accompanied the deceased to her parental house to attend the

said anniversary. On that day at about 10.00 P.M., when they were in the

room, the deceased attended a call and accused slapped her. She, her

sister and mother went to the room and asked the accused to behave

properly. Thereafter, the accused and the deceased went to the lintel of

the house. The accused Sanjay dragged her from the stairs. The deceased

gave birth to a female child. Three days prior to her death, the deceased

had given a telephonic call to her mother, informing about the torture

meted out to her by the accused persons, but the mother (PW1) did not

inform any authority about it because she had four more daughters to get

married and it would not be proper for her to make the issue public. On

16.11.2009, when PW1 Kamla Devi was in the fields, PW7 Mamta

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came running to her and informed that the accused Sanjay Kumar had

given a telephonic call that the deceased was very serious and the

accused persons had brought her to Arki Hospital. PW15, S.I. Vikram

Chauhan, received information telephonically at about 11.30 A.M. from

CHC Arki that a lady had consumed poison. Thereafter, he visited the

spot. Statement of PW1 Kamla Devi was recorded under Section 154

Cr.P.C., on the basis of which an FIR was registered. The post-mortem

was got conducted. The viscera was preserved. Small bottle of endosil

mark was recovered. Copy of pariwar register was also obtained. The

traces of organochloro insecticide (endosulfan) were detected in the

viscera of the deceased. As per the FSL report, the deceased died due to

ingestion of organochloro (endosulfan), which was an insecticide. The

matter was investigated and the challan was put up in the trial court after

completing all codal formalities.

3 The prosecution examined as many as 15 witnesses, in all, to

prove its case against the accused persons. Statements of the accused

persons under Section 313 Cr. P.C. were recorded, in which they denied

the incriminating circumstances appearing against them and pleaded that

they have been falsely implicated. According to accused Sanjay Kumar,

the deceased by mistake had consumed poison and they tried to save her.

The trial court acquitted the accused persons vide impugned judgment

dated 10.6.2010. Hence, the present appeal.

4 Mr. M.A. Khan, learned Additional Advocate General, has

vehemently argued that the prosecution has proved its case against the

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accused persons beyond all reasonable doubts.

5. M/s Dalip K. Sharma, Avinash and Vijay Sharma, learned

Advocates, have supported the impugned judgment dated 10.6.2010.

6 We have heard the learned counsel for the parties and have

also gone through the judgment and record meticulously.

7 PW1, Kamla Devi, is the moth er of the deceased. She deposed

that her husband died in the year 2007. The annual death anniversary of

her husband was in the month of May, 2008. They were relaxing after the

function. The accused Sanjay started quarreling with the deceased when

she was talking on telephone with her brother. The accused inquired

from the deceased with whom she was talking and gave a slap to her. She

intervened and advised the accused not to quarrel. Thereafter the

accused and the deceased went to the lintel of the house. The deceased

was dragged from the stairs by the accused. The deceased was pregnant

at that time. The deceased used to tell her that her mother-in-law and

sisters-in-law were also torturing her. The deceased was kept hungry for

days together. Whenever she used to demand anything from the accused

persons, they used to say that ask her mother to provide basic necessities

to her. After the birth of female child, the deceased remained with her for

10-11 days and at that time, she informed her that the accused persons

were torturing her. Three days prior to her death, she made a telephonic

call to her informing that she was being tortured by the accused persons

and she was weeping. She told the deceased that she would discuss the

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matter with her husband’s brother and thereafter would take action

against them. When she was working in the fields, her younger daughter,

Mamta came running to her and informed that the accused Sanjay Kumar

had given the telephonic call that the deceased was very serious and they

had brought her to Arki Hospital. She went to Arki Hospital along with

her relatives. The police also reached the hospital and recorded her

statement under Section 154 Cr.P.C. In her cross-examination, she

deposed that she had told the police about slapping and dragging the

deceased by the accused Sanjay Kumar in her presence on the day of

death anniversary of her husband. She denied the suggestion that the

accused Sanjay Kumar had telephonically informed her that the deceased

by mistake had consumed the poison and asked her to come to Arki.

8. PW2, Asha Parihar, testified that on 16.11.2009, she was

telephonically informed by the relatives of the deceased that she had been

brought to the hospital as she had taken some wrong medicine. Police

also came there. Inquest papers were prepared in her presence. Post

mortem was also conducted.

9. PW3, Padam Dass, testified that on 16.11.2009, he received a

telephonic message that the deceased had consumed something. He also

visited the hospital. The post-mortem was conducted. One bottle was

taken into possession in his presence vide memo, Ext.PW3/A.

10. PW4, Manju, testified that the deceased was her younger

sister. They both were married same day. The accused Sanjay Kumar

used to get annoyed whenever the deceased used to talk on phone with

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somebody or her relatives. On death anniversary of her father, the

accused Sanjay Kumar slapped the deceased when she was attending a

telephonic call. She informed her mother and requested accused Sanjay

Kumar not to quarrel. The deceased told her that the accused persons

used to torture her and even they were not providing food and basic

necessities to her. When she asked the deceased to tell about the torture

to mother, she told that they had already lost their father and their

mother is now alone and they should not tell her. In her cross-

examination, she admitted that accused Neelam was doing B.Ed.,

accused Reema was Teacher in the School and Roop Lal was in service.

She also admitted that her younger sister and brother used to go to the

house of the accused during vacation. She denied that the deceased was

treated properly by the accused persons.

11. PW5, Jai Dev, testified that the deceased was his cousin. She

was married to accused Sanjay Kumar. The deceased had telephonically

talked to him that the accused persons were torturing her and not

allowing her to remain in the kitchen after preparing food.

12. PW7, Mamta, testified that the deceased was her elder sister.

In the month of May 2008, on death anniversary of her father, at about

10.00 P.M., when they were sitting outside, the deceased and the accused

were in the room and arguments took place between them. The accused

Sanjay Kumar gave a slap to deceased. The deceased informed her that

the accused used to quarrel and beat her on trivial matters. She had also

gone to the house of the accused about 2-3 times, where the deceased

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also told her that the accused persons were torturing her for money and

asked her to take loan. She also visited the house of the accused Sanjay

Kumar, when the deceased gave birth to a female Child. At that time also,

the deceased told her that the accused persons used to snub her on petty

matters and even they were not providing food to her. On 16.11.2009, at

about 11.00 A.M., she received a telephonic call from accused Sanjay

Kumar that the deceased was ill in the Arki Hospital and asked them to

come soon. Thereafter, she along with her mother and relatives went to

Arki Hospital. In her cross-examination, she denied the suggestion that

the accused Sanjay Kumar had telephonically informed that the deceased

had mistakenly consumed the poison.

13. PW8, Diksha, is younger sister of the deceased. She deposed

that after the birth of female child, she had also gone to the house of

deceased and stayed there for about 20-25 days. The deceased was

tortured and harassed on trivial matters by the accused in her presence.

14. PW9, Dr. Nidhi Sharma, has conducted the post-mortem of

the deceased. The death had occurred within six hours after the

consumption of the poisonous substance. As per FSL report, traces of

organochloro (endosulfan) were detected in the contents of P1, P2, P3, P4

and P6. She gave her final opinion vide Ext. PW9/C. According to her

opinion, deceased died due to ingestion of organochloro (endosulfan), an

insecticide.

15. PW10, Avinash Parihar, deposed that on 16.11.2009, at

about 9.00 A.M., the accused Sanjay Kumar came to his shop and told

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him that his wife was not feeling well. He requested to accompany him

and asked for medicine. He accompanied him and gave him an injection

of Decadon. He advised him to get injection administered from an

authorized person. When he reached the house of the deceased, she was

on the bed and was normal. Thereafter, she was taken to Arki Hospital by

the accused Sanjay Kumar. In his cross-examination, he deposed that

accused Sanjay Kumar asked him to immediately accompany him to his

house. When he reached the house of the accused Sanjay Kumar, the

deceased told him that she was suffering from suffocation. On enquiry,

she told him that she had taken medicine. When he saw the empty bottle,

it was found to be poison. He advised the accused Sanjay Kumar to take

the deceased immediately to Arki Hospital. The accused Sanjay and

Kaushalya were present in the house at that time.

16. PW15, S.I. Vikram Chauhan, deposed that on 16.11.2009, at

about 11.30 A.M., a telephonic information was received from Civil

Hospital, Arki that a lady had consumed the poison. Thereafter, he along

with other police officials visited the hospital. Statement of Kamla Devi

was recorded under Section 154 Cr.P.C. F.I.R. was registered. Post-

mortem of the dead body was got conducted. The viscera of the deceased

was sent to FSL Junga and chemical examiner’s report, Ext.PX was

received. Final opinion, Ext.PW9/C on post-mortem report was also

obtained.

17. The marriage of the deceased was solemnized with the

accused Sanjay Kumar in the month of January, 2008. She died on

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16.11.2009. PW1, Kamla Devi, PW4 Manju, PW5 Jai Dev, PW7 Mamta

and PW8 Diksha have categorically deposed that the deceased was

tortured by the accused Sanjay Kumar. The deceased used to tell her

sisters and brother about the torture meted out to her by the accused

Sanjay Kumar, however, she also used to tell them not to inform her

mother about maltreatment because they had already lost their father and

now their mother was all alone. Even on the death anniversary of her

father, she was abused and beaten up by the accused in her parental

house. Three days prior to her death, the deceased had given a telephonic

call to her mother PW1 Kamla Devi, informing her about the maltreatment

meted out to her by the accused persons, but the mother did not report

the matter to any authority because she had four more daughters to get

married and according to her, it would not be proper to make the issue

publicized. PW2, Asha Parihar, also testified that on 16.11.2009, she was

telephonically informed by the relatives of the deceased that she had been

brought to the hospital because she had taken some wrong medicine. She

also visited the hospital. The post-mortem was conducted. PW3, Padam

Dass, testified that on 16.11.2009, he also received a telephonic message

that the deceased had consumed something. Thereafter, he also visited

the hospital. One bottle was taken into possession in his presence vide

memo, Ext.PW3/A. PW10, Avinash Parihar, in his cross-examination

also deposed that the accused Sanjay Kumar requested him to

immediately accompany him to his house. When he reached the house of

the accused Sanjay, the deceased told him that she was suffering from

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suffocation. On enquiry, she also told him that she had taken medicine

and when he saw the empty bottle, it was found to be poison. He advised

the accused Sanjay Kumar to take the deceased immediately to Arki

Hospital. PW9, Dr. Nidhi Sharma, conducted the post-mortem and gave

her final opinion vide Ext. PW9/C. According to her opinion, the deceased

died due to ingestion of organochloro (endosulfan), which is an

insecticide. The defence taken by the accused Sanjay that the deceased

mistakenly consumed poison is not believable.

18. Their Lordships of Hon’ble Supreme Court in State of West

Bengal vs. Orilal Jaiswal, AIR 1994 SC 1418 , have held that date of

maltreatment or demand for dowry need not be proved exactly when

deceased was alive only for 10 months after marriage. More so, when it

was nobody’s case that the deceased complained about the maltreatment

given in remote past or only on specific occasions. The conduct of the

deceased making complaint about her mal-treatment only to her mother

and no other family member was most natural because a newly wedded

woman is not expected to make her misfortunes public. Absence of

complaint to other family members cannot raise doubt about prosecution

case. Their Lordships have further held that physical torture and abuses

are generally not made in public and non-examination of neighbours

would have no adverse impact on the prosecution case. Evidence about

physical and mental torture of deceased coming from mother, elder

brother and other close relations, need not be discarded simply on score

of absence of corroboration by independent witnesses. Their Lordships

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have held as under:

13. Coming to the finding that no specific date has been

given when the deceased had allegedly told her mother about

the demand of dowry and mal-treatment to the deceased, it

may be indicated that although exact date has not been

given, there is positive evidence of the mother and the elder

brother of the deceased that when after about a month of the

marriage, Usha came to her parental house, she had narrated

about cruelty and mental torture suffered by her in the

house of the accused. She specifically complained that

within a few days after her marriage the father-in-law of the

accused No. 2 had died and in view of such death, she was

abused and treated with cruelty by the accused No. 2.

Thereafter, on other occasions also whenever she had come

to the parental house, she had talked about such mal-

treatment. Usha was alive Only for about 10 months after

marriage and it is nobody's case that the deceased

complained about the mal-treatment given in remote past or

only on specific occasions so that exact date was required to

be mentioned Coming to the finding of the High Court that

the adult member of the family of the deceased consisting of

four brothers, sisters and brothers-in-law and the father were

residents of Calcutta but Usha had not complained anything

to them and non-complaint to such close relations was not

in conformity with the human conduct, we may indicate that

there is no basis for such finding and such finding is

contrary to the evidences adduced in the case. We have

already pointed out that the deceased had complained to the

mother and other members of the family about the mal-

treatment and the members of the family have deposed to

that effect. The prosecution case was not properly

investigated by the police for which the learned Sessions

Judge has rightly commented on the lapses on the part of

the Investigating Officer, Sri Bimal Chandra Biswas, Sub-

inspector of Police. As the Investigating Officer failed and

neglected to examine the members of the family of the

deceased at an early date, the learned Sessions Judge, in

fairness, has not taken into consideration the evidences of

the sister and other close relations of the deceased and has

mainly relied on the evidence of the mother in basing his

finding. Ever if it is held that the deceased had complained

to her mother only about the cruel treatment meted out to

her, we think that for a newly married woman, her

misforture in the house of in-laws was not expected to be

made public and confining to the mother was only natural.

Coming to the observation of the High Court that the

neighbours or the tenants have not been examined, it

appears to us that in the facts of the case, no adverse

inference can be drawn for such non-examination.The abuse,

and insult hurled on the daughter-in-law usually are not

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expected to be made public so that the neighbours may have

occasions to criticise the improper conduct of the accused

and hold them with disrespect and contempt. The High

Court has expressed doubts about the genuineness of the

case of physical torture and abuses made by the husband and

the deceased for the absence of any Independent evidence

given by the neighbours and cotenants about such physical

assault or the abuses hurled on the wife by the accused. We

have indicated that ordinarily it is not expected that

physical torture or the abuses hurled on the wife by the

husband and the mother-in-law should be made in such a

way as to be noticed by the tenants living in the adjoining

portions of the house. It is also not the case of the

prosecution that the deceased was physically assaulted so

violently that the neighbours came to know about such

assault. It is also not the case that abuses used to be hurled

loudly so that the tenants had occasions to hear them. It

was therefore not necessary to examine neighbour or tenants

to prove the prosecution case. In the instant case, the

evidence about physical and mental torture of the deceased

has come from the mother, elder brother and other close

relations. Such depositions by close relations, who may be

interested in the prosecution of the accused, need not be

discarded simply on the score of the absence of

corroboration by independent witness. Whether the evidence

of interested witness is worthy of credence is to be judged in

the special facts of the case. In Our view, the acts of cruelty

by the accused were expected to be known by the very close

relations like mother, brother, sister, etc. The evidence of

the mother has been accepted by the learned Sessions Judge

as worthy of credence and we do not think that the same

should be discarded. in the facts of the case.

14. We are not oblivious that in a criminal trial the degree of

proof is stricter than what is required in a civil proceedings.

In a criminal trial however intriguing may be facts and

circumstances of the case, the charges made against the

accused must be proved beyond all reasonable doubts and

the requirement of proof cannot lie in the realm of surmises

and conjectures. The requirement of proof beyond

reasonable doubt does not stand altered even after the

introduction of S. 498A, I.P.C and S. 113A of Indian

Evidence Act. Although, the court's conscience must be

satisfied that the accused is not held guilty when there are

reasonable doubts about the complicity of the accused in

respect of the offences alleged, it should be borne in mind

that there is no absolute standard for proof in a criminal

trial and the question whether the charges made against the

accused have been proved beyond all reasonable doubts must

depend upon the facts and circumstances of the case and the

quality of the evidences adduced in the case and the

materials placed on record. Lord Denning in Bater v. Bater,

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(1950) 2 All ER 458 at p. 459 has observed that the doubt

must be of a reasonable man and the standard adopted must

be a standard adopted by a reasonable and just man for

coming to a conclusion considering the particular subject

matter.

16. In the instant case, the learned Sessions Judge has come

to the finding that the charges levelled against the accused

have been proved by indicating cogent reasons therefor. We

have already indicated that the learned Judges of the High

Court have entertained a grave doubt about the correctness

of the prosecution story for the circumstances indicated

hereinbefore. We have analysed those circumstances and in

our view the said grounds do not stand scrutiny and they are

against the weight of the evidence. We may add here that

the Court should be extremely careful in assessing the facts

and circumstances of each case and the evidence adduced in

the trial for the purpose of finding whether the cruelty

meted out to the victim had in fact induced her to end the

life by committing Suicide. If it transpires to the Court that

a victim committing suicide was hyper-sensitive to ordinary

petulance dischord and differences in domestic life quite

common to the society to which the victim belonged and

such petulance dischord and differences were not expected

to induce a similarly circumstanced individual in a given

society to commit suicide the conscience of the Court

should not be satisfied for basing a finding that the accused

charged of abetting the offence of Suicide should be found

guilty. But in the facts and circumstances of the case, there

is no material worthy of credence to hold that Usha was

hyper-sensitive and that fo r other reasons and not on

account of cruelty she had lost normal frame of mind and

being overcome by unusual psychic imbalance, decided to

end her life by committing suicide. The evidence adduced in

the case has clearly established that Usha was subjected to

abuses, humiliation and mental torture from the very

beginning of her married life. Within a few days after the

marriage when a newly married bride would reasonably

expects love and affection from the in-laws, she was abused

by the mother-in-law, the accused No. 2 by saying that the

deceased was a woman of evil luck only because an elderly

member in the family had died after her marriage. According

to the evidence given by the mother of the deceased. the

accused No. 2 even suggested that being a woman of evil

luck (alakshmi) the deceased, should not live and end her

life. When Usha conceived for the first time she had the

misfortune of abortion. When the unfortunate daughter-in-

law would reasonably expect sympathy and consolation from

the mother-in-law, the evidence in this case is that the

mother-in-law abused the deceased in the hospital by telling

that she was a woman of evil luck. The evidence in the case

reveals an act of extreme form of cruelty by telling the

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unfortunate mother that she was vile enough to swallow her

own baby and she should commit suicide. There is also

evidence in the case that the husband used to come home

drunk and abuse her and also used to assault her on

occasions. The bridal presents brought by thier were branded

as goods of inferior quality and she was asked to take the

said articles back to her parental home. Such acts, to say the

least, were very unkind and a newly married woman is bound

to suffer a great mental pain and humiliation. Even if we do

not take into consideration the demand for further dowry

gifts since the case of such demand had not been indicated

in the earlier statement made by the mother which was

treated as F. I. R., there is no manner of doubt that the

evidence of the mother which has been accepted by the

learned Sessions Judge and in our there is no reason to

discard the same, clearly establishes that the deceased had

been subjected to physical and mental torture all

throughout. It is only unfortunate that the accused No. 1,

the husband. instead of giving her solace against the

humiliation and abuses hurled by the mother-in-law, either

kept silent or expressed his inability to give good counselling

to the mother and to protest against act of mental torture

and humiliation. On the contrary, he also treated the wife

with Cruelty, by telling her to take the bridal gifts back to

her parental home and also by physically assaulting her.

Such acts, in our view, were quite likely to destroy the

normal frame of mind of the deceased and to drive her to

frustration and mental agony and to end her life by

committing suicide. Under explanation (a) of S. 498A, I.P.C.,

"cruelty" means- "any wilful conduct which is of such nature

as is likely to drive the woman to commit suicide or to cause

grave injury or danger to life, limb or health (whether mental

or physical) of the woman".

19. Their Lordships of Hon’ble Supreme Court in State of

Karnataka vs. K. Gopalakrishna, 2005 Cri.L.J. 1436 have held that

the deceased-wife going to place ‘G’ as newly married daughter-in-law was

not expected to complain against her husband in the neighbourhood and

failure of prosecution to examine any person from place ‘G’ in support of

allegations of ill-treatment is not a ground to reject evidence of large

number of witnesses having deposed in support. Their Lordships have

held as under:-

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12. There is yet another reason given by the High Court for

rejecting this part of the prosecution's case. The High Court

observed that no neighbour from Gundlepet was examined to

prove the fact that the deceased was being ill treated by her

husband. The High court completely lost sight of the fact

that the matrimonial home of the deceased was at gundlepet

and therefore, it was not possible for the prosecution to get

witnesses from gundlepet who would have supported the

case of the prosecution. Moreover, the deceased had gone to

Gundlepet as a newly married daughter-in-law and it was not

expected, even if she was ill treated, to go about in the

neighbourhood complaining against her husband. In any

event this is not a good enough reason to reject the

testimony of such a large nu mber of witnesses who have

deposed on this aspect of the case.

20. Their Lordships of Hon’ble Supreme Court in S. Sudershan

Reddy vs. State of Andhra Pradesh, AIR 2006 SC 2716 have held that

the statement of the witness cannot be discarded on the ground that he

was a close relative. Their Lordships have held as under:-

17. To the same effect is the decision in State of Punjab V/s.

Jagir Singh, and Lehna V/s. State of Haryana,. Stress was

laid by the accused-appellants on the non-acceptance of

evidence tendered by PW3 to contend about desirability to

throw out entire prosecution case. In essence prayer is to

apply the principle of "falsus in uno falsus in omnibus" (false

in one thing, false in everything). This plea is clearly

untenable. Even if major portion of evidence is found to be

deficient, in case residue is sufficient to prove guilt of an

accused, conviction can be maintained. It is the duty of

Court to separate grain from chaff. Where chaff can be

separated from grain, it would be open to the Court to

convict an accused notwithstanding the fact that evidence of

some of the witnesses has been found to be deficient. Falsity

of particular material witness or material particular would

not ruin it from the beginning to end. The maxim "falsus in

uno falsus in omnibus" has no application in India and the

witnesses cannot be branded as liar. The maxim "falsus in

uno falsus in omnibus" has not received general acceptance

nor has this maxim come to occupy the status of rule of law.

It is merely a rule of caution. All that it amounts to, is that

in such cases testimony may be disregarded, and not that it

must be disregarded. The doctrine merely involves the

question of weight of evidence which a Court may apply in a

given set of circumstances, but it is not what may be called

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'a mandatory rule of evidence'. Nisar Ali V/s. The State of

Uttar Pradesh. Sucha Singh and Anr. V/s. State of Punjab.

18. Learned counsel for the appellants submitted that the

non-mention about the source of light in the FIR is clearly

fatal to the prosecution case. Strong reliance is placed on

the decisions in Bollauaram Pedda Narsi Reddy and Ors. V/s.

State of Andhra Pradesh. As has rightly pointed out by the

learned counsel for the Respondent State such a plea was

not taken before either the trial court or the High Court. It

is interesting that in the cross examination of the witnesses,

the defence has suggested that the light was dim because

the scooter had practically stopped moving and there was

only idling of the engine. PW 2's evidence is categorical that

he saw the attack in the light of the scooter head light. This

was stated in the cross examination by the accused persons.

Similarly PW 3 was asked as to whether he could tell the

number of blows each accused gave. He answered in the

affirmative. Indirect suggestion therefore was that though

the blows were there, he could not tell the number. To say

the least this is irresponsible cross examination. Though for

that alone the prosecution case does not get strengthened

yet this is a factor which can be taken note of. Non mention

in the FIR about the source of light is really non

consequential. It is well settled that FIR is not an

encyclopaedia of the facts concerning the crime merely

because of minutest details of occurrence were not

mentioned in the FIR the same cannot make the prosecution

case doubtful. It is not necessary that minutest details

should be stated in the FIR. It is sufficient if a broad picture

is presented and the FIR contains the broad features. For

lodging FIR, in a criminal case and more particularly in a

murder case, the stress must be on prompt lodging of the

FIR. Therefore mere absence of indication about the source

of light does not in any way affect the prosecution version.

Additionally the decision in Bollanaram's case (supra) is

really of no assistance to the appellant. It is apparent that

the observation regarding the non-mention about the source

of light in that case was by way of description of the factual

scenario. It was noted by the court that victims were

strangers to the accused. In that background the source of

light was found to be of some importance.

21. Their Lordships of Hon’ble Supreme Court in Ashok Kumar

Chaudhary vs. State of Bihar, 2008 Cri.L.J. 3030 have held that

relationship per se does not affect credibility of witness. Merely because

witness happens to be a relative of victim of crime, he/she cannot be

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characterized as “interested” witness. Their Lordships have held as

under:

7. We are not impressed with the argument. Though it is

true that the incident having taken place near the market

around 6 p.m. on 17th July, 1988, the prosecution should

have attempted to secure public witnesses who had

witnessed the incident, but at the same time one cannot lose

sight of the ground realities that the members of the public

are generally insensitive and reluctant to come forward to

report and depose about the crime even though it is

committed in their presence. In our opinion, even otherwise

it will be erroneous to lay down as a rule of universal

application that non examination of a public witness by

itself gives rise to an adverse inference against the

prosecution or that the testimony of a relative of the victim,

which is otherwise credit-worthy, cannot be relied upon

unless corroborated by public witnesses. Insofar as the

question of credit-worthiness of the evidence of relatives of

the victim is concerned, it is well settled that though the

Court has to scrutinize such evidence with greater care and

caution but such evidence cannot be discarded on the sole

ground of their interest in the prosecution. The relationship

per se does not affect the credibility of a witness. Merely

because a witness happens to be a relative of the victim of

the crime, he/she cannot be characterized as an "interested"

witness. It is trite that the term "interested" postulates that

the person concerned has some direct or indirect interest in

seeing that the accused is somehow or the other convicted

either because he had some animus with the accused or for

some other oblique motive.

22. The learned trial court has erred in law by holding that no

complaint was filed by the deceased or her mother with any authority.

Normally, it is not expected from the newly wedded wife and her relatives

to file complaint regarding ill-treatment against the husband and his

family members before the police or any authority for the simple reason

that they did not want to make her misfortunes public. Even, the

deceased was not supposed to discuss the matter with strangers and

neighbours. The learned trial court has also erred in law that Jeth of PW1

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Kamla Devi was not examined and he was material witness. What PW1

Kamla Devi had deposed is that when the deceased disclosed to her about

the maltreatment meted out to her, she told her daughter that she would

discuss the matter with the Jeth and thereafter would take action against

the accused persons. Therefore, non-examination of Jeth is not fatal to

the prosecution case. It has come on record that her mother-in-law used

to remain in the house. The accused Neelam was doing B.Ed. and accused

Reema was Teacher in the School. Her father-in-law was also in service.

Though, the prosecution has failed to bring home charges against the

mother-in-law and sisters-in-law, but has proved beyond reasonable

doubt that the deceased was harassed mentally and physically by the

accused Sanjay.

23. It has also come on record that the deceased was hale and

hearty. The accused Sanjay Kumar used to torture her, asked her to take

loan in her own name. He even abused and dragged her in the presence of

her mother and sisters. These incidents destroyed the normal frame of

mind of the deceased and drove her to frustration and mental agony and

to end her life by committing suicide within short duration of her

marriage. The prosecution has proved beyond reasonable doubt that the

accused Sanjay Kumar has committed the offences punishable under

Sections 498-A and 306 of the Indian Penal Code.

24. Accordingly, the appeal is partly allowed and the impugned

judgment dated 10.6.2010 rendered by the learned Sessions Judge,

Solan, in Sessions Trial No. 1-S/7 of 2010 is set aside to the extent it

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acquitted the accused Sanjay Kumar under Sections 498-A and 306 of the

Indian Penal Code. Accordingly, accused Sanjay Kumar is convicted for

the offences punishable under Sections 498-A and 306 of the Indian Penal

Code. He be produced in the Court to be heard on the quantum of

sentence on 24.8.2016. The bail bonds are cancelled.

25. The registry is directed to prepare the production warrants.

(Rajiv Sharma)

Judge

(Vivek Singh Thakur)

Judge

August 17, 2016

*pankaj*

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