Early Times Report
Jammu, July 31: The High Court of Jammu and Kashmir and Ladakh has upheld the conviction and 18-month rigorous imprisonment of a man for subjecting his wife to cruelty through persistent dowry demands, abuse and mental harassment.
Justice M.A. Chowdhary dismissed the criminal appeal filed by Tilak Raj against the March 12, 2008 judgment of the Additional Sessions Judge, Reasi, which had convicted him under Section 498-A of the Ranbir Penal Code.
The High Court also cancelled the appellant’s bail bonds and directed him to surrender before the Trial Court within 15 days to undergo the remaining sentence. In case he fails to surrender, the Trial Court has been asked to secure his presence.
Tilak Raj had been sentenced to rigorous imprisonment for one-and-a-half years and fined ₹5,000. In default of payment of the fine, he was ordered to undergo a further three months’ imprisonment.
The case arose from the death of Sharda Devi, who had married the appellant on May 3, 1997. According to the prosecution, she consumed “Thiodine” insecticide after allegedly being subjected to repeated taunts, beatings and demands for dowry articles by her husband and matrimonial family.
The deceased’s father had informed the police that his daughter complained about demands for a refrigerator, cooler and other household items. The prosecution also alleged that the appellant demanded ₹50,000 from her parental family for repairing his vehicle.
Following the investigation, charges under Sections 306 and 498-A RPC were framed against the appellant and other family members. The Trial Court acquitted them of abetment to suicide, while Tilak Raj alone was convicted for cruelty under Section 498-A RPC.
In his appeal, Tilak Raj argued that the prosecution evidence was contradictory, exaggerated and based largely on hearsay. His counsel also submitted that the investigating officer had not been examined and that important documents, including the site plan and seizure memos, remained unproved.
The Government, however, maintained that the non-examination of the investigating officer did not affect the evidence relating to cruelty and that the Trial Court had correctly relied upon the testimonies of the deceased’s parents, brother, sister-in-law and friend.
The High Court observed that the witnesses had consistently spoken about demands for a refrigerator, cooler, quilts and ₹50,000. They had also testified that the deceased was abused, humiliated and beaten by the appellant.
The Court held that the prosecution evidence clearly established that Sharda Devi had been subjected to mental torture and harassment from the beginning of her marriage and that such conduct squarely fell within the definition of cruelty punishable under Section 498-A RPC.
Finding no illegality or infirmity in the Trial Court judgment, the High Court dismissed the appeal along with the connected applications.
Advocates B.R. Sharma and Manpreet Kour appeared for the appellant, while Government Advocate Sumeet Bhatia represented the Union Territory of Jammu and Kashmir. (JNF) |
