S.N. Phukan, C.J. - (1.) This appeal is directed against the judgment and order of the learned Additional Sessions Judge, Solan, camp at Nalagarh, dated 18.5.1991 in Sessions trial case No. 1 -NL/7 of 1990/88. By the said judgment, learned Additional Sessions Judge found accused -Appellants Dilbag Singh, Smt. Vaishno Devi and Smt. Sudershana Devi guilty under Ss. 498A/306 read with Sec. 34 of the Indian Penal Code and convicted them accordingly. All the three accused -Appellants were sentenced to rigorous imprisonment for one year with a fine of Rs. 500/ - each under Sec. 498A read with Sec. 34 of the Indian Penal Code and rigorous imprisonment for four years with a fine of Rs. 2000/ - each under Sec. 306 read with Sec. 34 of the Indian Penal Code and the sentences will run concurrently.
(2.) Accused Dilbag Singh is the son of accused Smt. Vaishno Devi and accused Smt. Sudershana Devi is the daughter of accused Vaishno Devi. It is not disputed that marriage between accused Dilbag Singh and deceased Anita daughter of Hardiyal Singh (PW -1) was solemnised on 14.10.1984 and on 8.6.1986 Anita died. According to the prosecution, deceased Anita committed suicide as a result of harassment caused to her by all the accused -Appellants as her parents could not meet the demand of further dowry of Rs. 20,000/ -. It may be noted here that in this case though police went to the Hospital, where deceased Anita died, immediately after her death and the First Information Report was recorded on 11.6.1986, no action was taken by the police for investigation of the case. However, the accused were arrested after one year of the incident. In fact, PW -1 Hardiyal Singh, father of deceased Anita, had to write letters to the Chief Minister and Director General of police to take action. Learned Additional Sessions Judge, rightly took note of this lapse on the part of the police while appreciating the evidence on record.
(3.) The prosecution in order to prove the case has examined 17 witnesses. Statements of the accused persons under Sec. 313 of the Code of Criminal Procedure were also recorded by the learned trial Court. The accused persons pleaded not guilty and from the trend of the cross -examination it appears that according to the accused persons deceased Anita committed suicide as her father used to visit her in -laws place in the evening in drunken condition and used to stay in the night. He also used to wet the bed and vomit in the house. In view of the above behaviour of her father in the house of her in -laws deceased Anita could not tolerate Such action of her father and committed suicide. The accused persons have examined as many as four witnesses in defence.;