M. JEYAPAUL, J. (ORAL)
Four accused faced the trial for the offence under Section 306 read with Section 34 of the Indian Penal Code (in short ‘IPC’). But it was only accused Darshan Lal, the husband of the deceased Sugma Rani who alone was convicted under Section 306 IPC and was sentenced to undergo five years rigorous imprisonment.
2. The brief version of the prosecution is that deceased Sugma Rani, the daughter of PW2 Parkash Wanti, was married to the accused Darshan Lal about 16 years prior to the occurrence. After about 4/5 months of the marriage, there was a demand of dowry. Sugma Rani was beaten up as she was allegedly brought insufficient dowry. Just prior to the occurrence, she was beaten up by accused Darshan Lal. She left the matrimonial house on 17.9.1996 PW2 Parkash Wanti lodged a complaint alleging that her daughter Sugma Rani left the matrimonial house on account of beatings given by the accused Darshan Lal and could not be traced out. Her dead body was found in the railway track on 19.9.1996 PW1 Pawan Kumar, the brother of the deceased, PW6 Shilpa Rani, the very daughter of the deceased, PW4 Hans Raj and PW5 Kashmir Singh, all spoke to the cruelty committed by the accused.
3. PW3 Dr. Jasbir Singh conducted post mortem examination on the dead body of Sugma Rani on 19.9.1996 at about 4:50 pm. He found crushed injuries on the face, head, neck, right shoulder and left lower leg. He found that the chest was compressed. Multiple abrasions were found in the front portion of the abdomen, back of her abdomen and chest. Having found that no poison was detected, he has opined after the receipt of the Chemical Examiner's report that Sugma Rani died due to shock and haemorrhage as a result of multiple injuries were sufficient to cause her death in the ordinary course of nature.
4. PW7 ASI Tara Singh did part of the investigation, arrested the accused Darshan Lal and other accused. PW8 Lakha Singh Inspector pursued further investigation in this case and laid final report as against all the accused.
5. The trial Court having relied upon the testimony of the prosecution witnesses found only the involvement of accused Darshan Lal in the matter of cruelty committed which ultimately resulted in her death by suicide rendered a verdict of conviction as against the said accused.
6. The learned counsel appearing for the appellant Darshan Lal would submit that the accused Darshan Lal was also in search of his wife after she was missing. Therefore, the testimony of the material witnesses in this case cannot be relied upon. It is his further submission that the trial Court has rendered a verdict of conviction based on the inconsistent testimony of witnesses examined on the side of the prosecution.
7. Per contra, the learned Deputy Advocate General appearing for the State would submit that the testimony of PW6 Shilpa Rani 14 years old daughter of the deceased in the background of the medical evidence would go to establish that the accused committed cruelty which ultimately drove the deceased Sugma Rani to commit suicide.
8. PW6 Shilpa Rani, the very daughter of the deceased, who was brought up by accused Darshan Singh and the deceased Sugma Rani has spoken to the fact that on account of beatings given by her father Darshan Lal, her mother Sugma Rani had left the house on 17.9.1996 PW1 Pawan Kumar, the brother of the deceased and PW2 Parkash Wanti, the mother of the deceased, have spoken to the fact that cruelty was consistently committed by the accused on Sugma Rani. PW4 Hans Raj and PW5 Kashmir Singh also spoke about the cruelty committed by the accused Darshan Lal.
9. The married woman for 16 long years blessed with two children had to take such an unfortunate decision on account of the cruelty committed by accused Darshan Lal. The testimony on record would indicate that the cruelty committed by accused Darshan Lal had forced the victim to take an ultimate decision to end her life by falling in front of a running train.
10. PW3 Dr. Jasbir Singh having thoroughly conducted autopsy has come forward with an opinion that the deceased had died due to shock and haemorrhage on account of the multiple crushed injuries, she sustained.
11. The above evidence would go to establish that accused Darshan Lal is guilty of the offence under Section 306 IPC for having abetted the suicide by the victim Sugma Rani. The trial Court has rightly rendered a verdict of conviction as against accused Darshan Lal under the aforesaid provision of law. But coming to the sentence, I find that the accused has faced the trial for the past about 15 long years. He has also been blessed with two children. In my considered view, rigorous imprisonment for three years for the offence under Section 306 IPC would meet the ends of justice. Therefore, the judgment of conviction recorded by the trial Court is confirmed, but the sentence awarded by the trial Court is reduced to three years rigorous imprisonment. The fine amount and default sentence imposed by the trial Court are maintained. With the above modification in the matter of sentence, the appeal stands dismissed. Accused Darshan Lal is on bail. He shall surrender before the Chief Judicial Magistrate concerned within fifteen days from the date of judgment. On his failure to surrender as directed by this Court, the Chief Judicial Magistrate concerned shall issue non bailable warrants against the accused. On surrender or on production, the accused shall be sent to jail to undergo the unexpired portion of sentence.