STATE OF H.P. Vs. RATTANI DEVI

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 4.2.1999, delivered by learned Sessions Judge, Hamirpur in Sessions Trial No. 12 of 1998, whereby he acquitted the accused of having committed offences punishable under Ss. 498 -A and 306 of the Indian Penal Code.

(2.) THE admitted facts are that the deceased Soma Devi was married to Raj Kumar, son of the accused about 6 years prior to the incident. It is not disputed that on 25.9.1996, the deceased died by consuming Aluminum Phosphide. According to the prosecution, the accused treated the deceased with cruelty within the meaning of Sec. 498 -A IPC and abetted her to commit suicide. After the deceased died due to committing suicide, an F.I.R. was lodged at the instance of PW -2 Parmi Devi, mother of the deceased. The statement of Parmi Dev was recorded by the police under Sec. 154 Code of Criminal Procedure (Ext.PW -2/A). According to the complainant, the accused was not providing sufficient food and clothing to the deceased and used to taunt the deceased that she is incapable of bearing a child and she should get out of the matrimonial home. The accused also used to threaten the deceased that she would get her son remarried. On 25.9.1996, while she was washing her clothes in a Khad, she was informed by one Shri Birbal that her daughter(the deceased) had died in the matrimonial home. She rushed to the house of the accused and learnt that in the morning the accused had asked the deceased to clean the house and utensils. The deceased had refused to clean the utensils which had been used by her mother -in -law and thereupon a quarrel took place between the accused and the deceased and thereafter the deceased consumed poison.

(3.) ON the basis of this report, F.I.R. was lodged and investigation was done. After completion of investigation, the accused was challaned with having committed the offences detailed hereinabove. The learned trial court after trial, has acquitted the accused. Hence the present appeal.