STATE OF H.P. Vs. UPENDER CHAND

JUDGEMENT

(1.) THE present criminal appeal has come -up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted, in reference to the impugned judgment dated 8.4.1997, passed by learned Sessions Judge, Kangra at Dharamshala, H.P. in Sessions Trial No. 29 -G/VII -1996, acquitting the respondent -accused for the offence, under Section 306/498A of the Indian Penal Code, in reference to FIR No. 120/95 dated 24.7.1995.

(2.) THE prosecution case is that Smt. Rekha Devi was married with Upender Chand, respondent -accused in the year 1992 and at initial stage of marriage relation with her husband was normal. However, after some time, her husband as well as family members started maltreating her. Smt. Rekha Devi was taken by respondent -accused to Delhi where she was given beatings and a telegram was sent to the parents of Smt. Rekha Devi and when mother and brother of Smt. Rekha Devi reached at Delhi they also noticed maltreatment, however, the respondent -accused reprimanded and thereafter the mother and brother of Rekha Devi left Delhi for their native village. After some time, respondent -accused brought Rekha Devi to his house from Delhi where she was being tortured by mother and Bhabhi of respondent -accused and in the house of respondent -accused Rekha Devi delivered a child and immediately thereafter, her mother -in -law and family members started maltreating. Matter was reported to Gram Panchayat and on persuasion, it was settled. Thereafter, demand of dowry was also alleged to have been made by the family members of respondent -accused. However, on 23.7.1995 co -villager informed Ajit Kumar, brother of the deceased Rekha Devi that she had died and thereafter, FIR was lodged and on investigation, respondent -accused was charged for offences, under Section 306/498A of the Indian Penal Code and the case was committed to Sessions Court.

(3.) PW -1 Dr. D.P. Swami conducted the post mortem examination of the deceased and observed as below: