STATE OF HARYANA Vs. MUNSHI AND ANOTHER

JUDGEMENT

(1.) Radha, aged 22 years, daughter of Daya Chand PW-2, belonging to Mohalla Kumharan Wala Ward No. 21, Jind was married with Dhara accused in the year 1988 in village Popran, within the area of Police Station, Alewa, district Jind, in Haryana. On 4.3.1992, an information allegedly reached Daya Chand PW-2 that his daughter had been killed by her in-laws by administering her poison. They reached village Popran the same day and came to know that the cremation had already taken place. On 6.3.1992, Daya Chand PW-2 made a statement Ex. PA before DSP D.K. Bhardwaj PW6 at 5.00 P.M. and on its basis formal F.I.R. Ex. PA/2 was recorded at the Police Station at 5.30 P.M. On 6.3.1992. The special report reached the learned Ilaga Magistrate at 7.00 P.M. on the same day. After recording the statement of Daya Chand PW-2, DSP D.K. Bhardwaj PW-6 went to the spot and prepared rough site plan Ex. PJ showing the place of occurrence. He also recorded the statements of the witnesses. A nip of glass vial containing some liquid was taken into possession from the Almirah vide memo Ex. PB. On 11.3.1992 all the accused were arrested. In pursuance of his disclosure statement Ex. PK Dhara accused disclosed the place where the dead body of Radha deceased was cremated. Some pieces of burnt bones and ashes were lifted vide memo Ex. PC.

(2.) The parents of the husband, namely, Munshi and Smt. Shanti were said to be responsible for the death of Radha deceased as well as demanding a sum of Rs. 5000/- and a coloured TV. All the five accused, namely, Munshi, Dhara, Smt. Shanti Gulaba and Niwasa were tried under Sections 304-B and 201 of the Indian Penal Code. However, they were acquitted by the learned trial Judge of the charges framed against them.

(3.) Aggrieved against the order of acquittal, the State has filed the present appeal.