SOM DUTT SHARMA Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Som Dutt Sharma
STATE OF UTTARANCHAL
Click here to view full judgement.
(1.) Allegedly, it is a case of dowry death in which
parents and relatives of husband have been arraigned as
accused persons. Of course, husband is the prime accused.
Criminal law was set into motion by unfortunate father of
victim. FIR was belated. Two dying declarations were
recorded - first one at PGI, Chandigarh where victim was
admitted by her in-laws and second one at parental house of
victim. When we proceed to discuss evidence on record, we
will find that both dying declarations are non est in the eye of
law. There are oral evidences from both the sides. Following
paragraphs will reveal that oral testimony of prosecution
witnesses is not convincing, death of woman within 7 years
of marriage in unnatural circumstances notwithstanding.
Cruelty and harassment to ill-fated woman soon before her
death could not be proved beyond reasonable doubt on the
basis of evidence on record.
(2.) Prosecution story is that a written complaint was
lodged by the father of deceased Mohan Lal Sharma s/o
Mangat Ram Sharma r/o Kaithal (Haryana) at P.S.
Vikasnagar, Dehradun that his daughter Smt. Sunita was
married to accused Devender Kumar Sharma s/o Som Dutt
Sharma on 09.12.1990 according to Hindu religion and
customs. He made expenses in the marriage as per his status.
Immediately after the marriage, the accused persons started
harassing his daughter for not bringing sufficient dowry. The
complainant fulfilled the same from time to time according to
his capacity, but the accused persons were not satisfied. His
daughter was not happy in her matrimonial home and always
made complaints of ill-behaviour of the accused persons.
The complainant always persuaded her to remain in her
matrimonial home. Two children - one son aged 4 1/2 years
and the other daughter aged about 2 years were born out of
wedlock. On 28.03.1996 he got information that his daughter
sustained burns and was admitted to P.G.I. Chandigarh. He
alongwith his wife and son immediately rushed to
Chandigarh. On reaching Chandigarh, he found her daughter
with burn injuries. He was told that the girl sustained 95%
burns and there was no possibility of her survival. They also
found that her in-laws were not taking any interest in her
treatment. Finding her in neglected condition and as per her
wishes they brought her to Kaithal. He also requested her inlaws to accompany the girl to Kaithal, but they refused.
Ultimately, he brought daughter to Kaithal where on
30.03.1996 she succumbed to burn injuries. Even before the
said incident, her in-laws called the complainant to
Vikasnagar after giving telegram of illness of her daughter.
There was a family dispute, complainant resolved that dispute
and came back to Kaithal.
(3.) On the basis of written report chik FIR (Ext.Ka-3)
was lodged. A case under Section 498-A/304-B of IPC was
registered against the accused persons. Investigating Officer
prepared site plan (Ext. Ka-7). After completing the
investigation, Investigating Officer submitted charge-sheet
against the accused persons. Trial began. Finding a prima
facie case, charges against all the six accused persons were
framed for the offences punishable under Sections 304-B (2) /
498-A of IPC to which they pleaded not guilty and claimed to
Copyright © Regent Computronics Pvt.Ltd.