IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA.

Cr. Appeal No. 735/2008

With Cr. Appeal No. 31/2009

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Reserved on: 8.5.2015

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Decided on: 12.5.2015
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1. Cr. Appeal No. 735/2008

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Sarla Devi …Appellant
Versus
State of Himachal Pradesh …Respondent

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2. Cr. Appeal No. 31/2009

Yashpal rt …Appellant
Versus
State of Himachal Pradesh …Respondent
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___________________________________________________________________
Coram:

Hon’ble Mr. Justice Rajiv Sharma, Judge

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Hon'ble Mr. Justice Sureshwar Thakur, Judge

Whether approved for reporting?1 Yes.
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For the Appellant(s) : Mr. N.S. Chandel, Advocate, in both
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the appeals.
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For the Respondent : Mr. M.A. Khan, Additional Advocate

General
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Justice Rajiv Sharma, Judge.
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These appeals are instituted against Judgment dated

10.11.2008 passed by learned Additional Sessions Judge, Fast

Track Court, Una, District Una, Himachal Pradesh in Sessions Case

No. 25/99 RBT 11/2004, whereby appellant-accused namely

Yashpal (hereinafter referred to as 'accused' for convenience sake),

1
Whether reporters of the local papers may be allowed to see the judgment?

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was convicted and sentenced under Sections 302 and 498A IPC

and acquitted of offences punishable under Section 304-B and 315

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IPC. He was sentenced to undergo imprisonment for life and to pay

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a fine of `10,000/-, in default of payment of fine, to further under go

simple imprisonment for one year under Section 302 IPC. He was

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also sentenced to undergo imprisonment for two years and to pay a

fine of `2,000/- for offence under Section 498-A IPC and in default

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of payment of fine, to further undergo imprisonment for two

months. Appellant-accused Sarla Devi (hereinafter referred to as

'accused' for convenience sake) was convicted and sentenced to

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undergo imprisonment for two years and to pay a fine of `2,000/-
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for the offence punishable under Section 498-A Indian Penal Code

In default of payment of fine, she is to further undergo simple

imprisonment for two months.

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2. Since common questions of law and facts are involved

in both the appeals, they were taken up together and are being
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disposed of vide this common judgment.

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3. Case of the prosecution, in a nutshell, is that on

17.1.1999 at about 10.15 PM a telephonic information was received

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in the Police Station Gagret from Kashmir Singh Up Pradhan Gram

Panchayat Oel regarding death of Meena Kumari wife of Yashpal.

Thereafter, police from police station Gagret went to the spot. Dead

body was found with the help of torch, lying in the bushes at a

distance of 200 meters from the house of the accused. Shri Onkar

Singh, PW-4 inspected the body of Meena Kumari. He noticed scars

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on the face and other parts of the body. Parents of the deceased also

came there. PW-14 Onkar Singh recorded the statement of Darshan

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Singh, brother of the deceased under Section 154 CrPC. He

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disclosed that Meena Kumari was his younger sister and was

married to accused in November 1995. They had given dowry in the

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marriage according to their capacity but accused were not satisfied.

After 3-4 months of marriage when deceased Meena Kumari came to

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her parental house, she told the complainant and her parents that

she was being harassed by her husband Yashpal and her mother-in-

law Sarla Devi used to taunt her for not bringing sufficient dowry.
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On the complaint of Meena Kumari, complainant and parents
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visited the house of accused many times and requested not to

harass her. Thereafter, accused shunted Meena Kumari out of their

house. She came to the house of her parents at village Nagnoli and
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remained there for about 3-4 months where she gave birth to a

daughter. Nobody came to look after Meena Kumari and her

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daughter. Meena Kumari was sent back after convening a Khangi

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Panchayat, to her matrimonial house. Accused kept on harassing

her. On 18.1.1999 a message was received by the complainant

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through one Jamal Deen of his village that Meena Kumari had died

in village Oel. Compromise Ext. PF was taken into possession.

Viscera of the deceased was sent to FSL Junga for chemical

examination. According to the post-mortem report, deceased died

due to fracture and dislocation of cervical vertebrae at level C-1-2

and C-2-3. Death was caused by beatings given to her with fist and

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kick blows. She was carrying pregnancy of 34-36 weeks. Matter was

investigated and challan was put up in the Court after completing

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all codal formalities.

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4. Prosecution has examined as many as 17 witnesses to

prove its case against the accused. Accused was also examined

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under Section 313 CrPC. Accused were convicted and sentenced as

notice by us above. Hence, these two appeals.

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5. Mr. N.S. Chandel, Advocate has vehemently argued

that the prosecution has failed to prove its case against the accused.

6. Mr. M.A. Khan, Additional Advocate General, has

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supported the judgment of trial court dated 10.11.2008.
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7. We have heard the learned counsel for the parties and

gone through the judgment and record very carefully.

8. PW-1 Dr. Satinder Chauhan deposed that he alongwith

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Dr. Umesh Gautam and Dr. Vipan Chaudhary conducted post-

mortem on the dead body of Meena Kumari. According to the post-

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mortem report, there were multiple contusions and abrasions on the

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face of deceased. Upper part of neck which was reddish in colour

with defused swelling on both sides of neck just below angles of

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mandible corresponding to haemorrahge present subcutaneous.

There was no ligature marks on the neck. Rigor mortis was present.

There was fracture of cervical vertebrae at C1-2 and C2-3. Post-

mortem report is Ext. PB. According to Satinder Chauhan, PW-1,

deceased was pregnant and there was no evidence of rape, as per

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post-mortem report. He did not take swab since rape was not

suspected.

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9. PW-2 Shri Darshan Kumar is brother of deceased.

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According to him, Meena was married to Yashpal, accused in the

month of November 1995 as per Hindu rites. She was harassed by

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her in-laws. They used to give beatings to Meena Kumari for

bringing insufficient dowry. Accused also demanded money from his

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sister for the purpose of colour TV, fridge, Scooter etc. 3-4 months

after marriage Meena came to their house and told that she was

being maltreated and given beatings for bringing insufficient dowry.

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His sister gave birth to a daughter, however, nobody came from the
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side of in-laws of Meena to enquire about her well-being. A Khangi

Panchayat was convened. He admitted that his sister has also

consumed poison due to maltreatment by the accused. He came to

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know about death of his sister on 18.1.1999. He went to the spot.

Dead body of his sister was also lying there. He noticed scratches
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and injuries on the face and neck. Blood was oozing from nose and
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mouth. Neck was swollen.

10. PW-3 Kashmir Singh deposed that he was Up Pradhan

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of village Oel. On 17.1.1999, at about 7.30-7.45 Pawan Kumar Ward

Panch came to him and told that wife of Yashpal had died. Body was

in the bushes. He informed the police. He noticed injury on the face

of the deceased. Police came to the spot. They took into possession

the tooth, Ext. P1, Shawl Ext. P2, pair of Chappal Ext. P3 and

broken bangles Ext. P4. House of the accused was also searched. He

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was declared hostile and cross-examined by the learned Public

Prosecutor.

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11. PW-4 Amrit Lal deposed that Meena Kumari was his

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daughter and married in 1995. Her in-laws used to harass her for

bringing insufficient dowry including fridge, TV Scooter etc. Accused

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also gave beatings and tortured his daughter by calling her names.

She gave birth to a daughter about 3 years back in their house. No

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one from the family of her in-laws came at that time to enquire

about the welfare of Meena Kumari and her child. His daughter

remained in the house only for 4-5 months. He took Jaswant and
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Jagan Nath with him to the house of accused where a Khangi
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Panchayat was held. In the Khangi Panchayat, a compromise was

effected. He proved Ext. PF, the compromise. It was signed by

Meena Kumari and Yashpal. Even after the compromise, she was
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harassed. In his cross-examination, he has admitted that earlier

also, his daughter had taken poison and was saved by her husband
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Yashpal and his brother by calling his daughter and giving timely
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treatment.

12. PW-5 Bhagat Singh deposed that he attended the

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marriage ceremony of Yashpal and Meena Kumari. After marriage

Meena Kumari met him many times. She complained to him that

her husband and mother-in-law used to demand dowry articles like

fridge, TV, Scooter etc. he went to the spot where body of Meena

Kumari was lying. There were signs of throttling the neck, injuries

on face and blood was oozing out from the nose and mouth.

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13. PW-6 Shri Ram deposed that before death of Meena

Kumari, a Khangi Panchayat was held in the village in the house of

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the accused. Father of Meena Kumari alongwith 2-3 persons was

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present in the Khangi Panchayat on the complaint of the girl.

14. PW-7 Jaswant Singh deposed that the after marriage,

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Meena Kumari used to meet him in the village. She used to tell him

that her husband and mother-in-law used to torture her for

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touching household articles by saying that these were not brought

by her.

15. PW-8 Kamla Devi is mother of deceased. She also

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deposed the manner in which her daughter was tortured by the
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accused for bringing insufficient dowry. First child was born to

Meena in their house but accused never came to enquire about the

wellbeing of Meena or her child. A compromise was also arrived at.

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Meena was brought back to their house and again wept and told

that accused were demanding more dowry and her life was in
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danger.
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16. PW-9, PW-10, PW-11 and PW-12 are all formal

witnesses.
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17. PW-13 Yog Raj deposed that Onkar Singh SI deposited

one sealed parcel containing viscera of Meena Kumari which he kept

in the Malkhana. It was sent to FSL Junga through Constable

Pardeep on 3.2.1999.

18. PW-14 Onkar Singh has deposed that he received a

telephonic information on 17.1.1999. It was recorded in Rojnamcha.

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He went to the spot and with the help of torch, dead body was

inspected by him. He found swelling on the neck of dead body of

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Meena. He also noticed blood oozing from nose and mouth of

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deceased. There were blue scars on face and other parts of the body.

Statement of brother of the deceased was recorded vide Ext. PC

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under Section 154 CrPC. Inquest report Ext. PD was prepared. Post-

mortem report was obtained.

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19. PW-15 Kashmir Singh DSP Vigilance deposed that a

compromise Ext. PF was produced by Shashi Pal, which was taken

into possession vide memo Ext. PJ. He got accused medically

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examined on 21.1.1999. He could not get accused examined on
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19.1.1999.

20. PW-17 N.K. Bhardwaj has examined the accused and

found following injuries on the body of accused:-

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“1. Brown coloured abrasion 1.5 cm x 0.2 cm on right cheek 2cm

away from right lower id.
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2. another brownish coloured abrasion present 1cm away from angle

or mandible on left side neck.”
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21. What emerges from the statements of witnesses is that

the marriage between Yashpal and deceased Meena Kumari was

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solemnised in 1995. She was maltreated for bringing insufficient

dowry. She was administered beatings by the accused. A Khangi

Panchayat was also convened. A compromise Ext. PF was arrived at.

Despite that she was tortured and harassed by the accused.

Deceased gave birth to a daughter in her parental house. No

member from the family of accused came to enquire about welfare of

the deceased or her child. Accused used to demand fridge, TV,

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Scooter etc. as per statement of PW-2 Darshan Kumar, PW-4 Amrit

Lal and PW-8 Kamla Devi.

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22. Dead body was found at a distance of 200 metres from

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the house of accused. He has not lodged any missing report with the

police or made any enquiry of whereabouts of his wife. According to

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PW-1, deceased died due to fracture /dislocation of cervical

vertebrae at C-1-2 and C-2-3. Deceased was pregnant and was

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carrying pregnancy of 34-36 weeks. In his cross-examination, he

stated that fracture and dislocation of cervical vertebrae could be

caused by twisting neck with great force with hands. Accused

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Yashpal has also received injuries as per statement of Dr. NK
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Bhardwaj (PW-17). He also opined that injuries were possible in a

scuffle.

23. Mr. NS Chandel argued that accused was not

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medically examined immediately. Merely that the accused was not

medically examined immediately would not rule out the injuries

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received by the accused. PW-5 Bhagat Singh has deposed that the
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accused has made extra-judicial confession before him. Yashpal

said that an altercation between him and Meena. There was a

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scuffle in the kitchen of the accused. Broken bangles of Meena

Kumari were in the kitchen. Yashpal told that he was not given food

by Meena Kumari. He further told that at 5.00 pm Meena had gone

out to ease herself. He followed her and gave her beatings severely

out of anger. She died due to beatings. Deceased has taken poison

earlier. It further strengthens the prosecution case that the

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deceased was tortured and harassed by accused. Otherwise there

was no occasion for a young lady like Meena Kumari to consume

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poison or to convene a Khangi Panchayat as Ext. PF. Ext. PF also

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suggests that the deceased was maltreated and harassed and

tortured by the accused.

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24. Mr. NS Chandel also argued that in fact somebody has

tried to rape her since her string was found loose. PW-1 Dr. Satinder

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Chauhan has categorically opined that there was no evidence of

rape as per post-mortem report. Deceased has died due to fist and

kick blows given by the accused. Police has taken into possession
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tooth Ext. P1, blood stained Shawl Ext. P2, a pair of Chappals Ext.
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P-3 and broken bangles Ext. P4. Mr. N.S. Chandel has lastly argued

that prosecution has attributed no motive to the accused. It is true

that in a case based on circumstantial evidence, motive plays an

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important role. However, when the chain of events is complete,

motive is not very important. In this case, though there is no eye-

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witness but the prosecution has completed the entire chain of

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events pointing exclusively to the guilt of the accused. There is

sufficient material on record to prove that deceased was tortured

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and harassed by both the accused for bringing insufficient dowry.

Neither Yashpal nor his mother have visited the house of deceased

at the time of child birth. Meena Kumari was also forced to consume

poison earlier. PW-5 Bhagat Singh, PW-7 Jaswant have deposed

categorically that as and when Meena Kumai used to meet them,

she used to complain about being harassed by her in-laws for

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bringing insufficient dowry. Acts of the accused fall under the ambit

of ‘cruelty’. Relation between accused and deceased did not improve

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even after convening the Khangi Panchayat. Depositions have been

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made by witnesses only against accused and not against other

family members of the accused.

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25. Accordingly, the prosecution has fully proved its case

against the accused Yashpal under Section 302 and 498-A IPC and

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accused Sarla Devi under Section 498-A. There is no occasion for us

to interfere in the well-reasoned judgment of the trial Court.

Consequently, both the appeals fail and are dismissed, so also the
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pending applications, if any, in both the appeals. Bail bonds are
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cancelled.

(Justice Rajiv Sharma)

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Judge

(Sureshwar Thakur)
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Judge
12.5.2015
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vikrant
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA.

Cr. Appeal No. 735/2008
With Cr. Appeal No. 31/2009

.
Reserved on: 8.5.2015

.P
___________________________________________________________________

1. Cr. Appeal No. 735/2008

H
Sarla Devi …Appellant
Versus
State of Himachal Pradesh …Respondent

of
___________________________________________________________________

2. Cr. Appeal No. 31/2009

Yashpal rt …Appellant
Versus
State of Himachal Pradesh …Respondent
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____________________________________________________________________

Judgment for consideration please.

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(Justice Rajiv Sharma)

Judge
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I agree/I do not agree.

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(Justice Sureshwar Thakur)

Judge
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List for pronouncement of judgment on 12.5.2015

(Justice Rajiv Sharma)

Judge

Court master
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