STATE OF H.P. Vs. RAJDEI AND ANR.

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 29.9.1995 of the learned Sessions Judge, Bilaspur, in Sessions trial No. 25 of 1992 whereby he acquitted the accused of having committed offences punishable under Ss. 498 -A, 306 and 201 of the Indian Penal Code.

(2.) The undisputed facts are that in April, 1990 Smt. Chand Rani, deceased, was married to Shakti Chand, who was the son of the two accused. According to the prosecution, Chand Rani committed suicide on 12th April, 1992 i.e. within two years of her marriage. After the death of the deceased her father PW -1 Ranjit Singh lodged a complaint with the police on the basis of which F.I.R. Ext.PA was registered. In this report, he complained that his daughter was being subjected to cruelty by the accused for not bringing adequate dowry and had been maltreated and harassed on this account. He also complained that she had been driven to commit suicide and finally committed suicide on the night intervening 12/13th April, 1992 by consuming poison. According to the prosecution, the accused tried to cremate the deceased without informing anybody and were thus guilty of having committed an offence of destroying the evidence relating to the crime also. It is not disputed that before the body could be cremated, the police reached the cremation ground and the body was sent for postmortem. The doctor had opined that the death had occurred due to aluminium phosphide poisoning. After completion of the investigation challan was filed against the accused. They pleaded not guilty and claimed trial. After trial they have been acquitted. Hence the present appeal by the State.

(3.) PW -1 is the father of the deceased. He is the person who lodged the report. Before dealing with his statement, we may note that he is a retired Sub -Inspector of the Police and had served for about 25 years in the police and before that for 15 years in the army. Therefore, we are dealing with a person who was well versed with the procedure of lodging a F.I.R, etc. and his statement has to be examined in this light.