STATE OF H.P. Vs. SWARAN SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 18.11.1995 delivered by the learned Sessions Judge, Kangra at Dharmshala in Sessions Case No. 28 -N/VII -1995 whereby he acquitted the accused of having committed offences punishable under Sections 306 and 498A of the Indian Penal Code.

(2.) BRIEFLY stated the facts of the case are that on 22.2.1994 at about 10.00 a.m. Puran Singh made a report to the Police Station, Jawali, to the effect that Sandla Kumari alias Guddi, wife of his younger brother Swaran Singh, was missing since the night intervening 20/21 -2 -1994. This report was recorded in the daily diary and is Ext. PH. After the report was recorded, ASI Krishan Kumar visited village Sidhpur Ghar for conducting an inquiry. During the investigation, he thought it necessary that the local well should be searched. He directed the villagers to search the well. At about 2.15 p.m. on 23.2.1994 a telephonic message was received at the Police Station from Sehdev Singh Mankotia, Pradhan of the Gram Panchayat that the dead body of Sandla Kumari had been recovered from the well. This telephonic message was recorded in report Ext.PG. Thereafter, Sub -Inspector, Tara Chand alongwith ASI Lajam Singh and two constables went to the village. The dead body was taken out of the well and identified to be that of Sandla Devi by her brother PW -3 Balwant Singh. During the course of inquiry, statement of Balwant Singh under Section 154 Code of Civil Procedure was recorded wherein he expressed the suspicion that either the deceased had committed suicide since she was unable to bear the pressure and torture meted out to her by the accused or the accused had himself or with the help of someone murdered the deceased and then thrown her into the well. According to Balwant Singh, Sandla Devi got married to the accused four years earlier and she was treated with cruelty since she could not bear a child and on account of the fact that old articles were given as dowry at the time of marriage. Port mortem of the body was conducted in which the following injuries were found:

(3.) PW -1 Dr. D.R. Riyal conducted the post mortem and opined that the injuries found on the person of the deceased could be possibly sustained during the course of a fall into a deep well, if while jumping into the well the deceased happened to strike against the hard surface of the wall and the wild growth and bushes.