STATE OF H.P. Vs. JHARU RAM

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment of the learned Sessions Judge, Kangra at Dharamshala, acquitting the respondent of offences under Sections 498A and 306 of the Indian Penal Code, (hereinafter referred to as the 'Code ').

(2.) THE prosecution case is that on 14.1.1995 during Lohri, the deceased wanted to go to the house of her brother -in -law (Jija) where she was invited by her sister. The husband did not permit her to do so and informed her that she could go there on the next day. One of the allegations leveled against the respondent -accused was that he suspected his wife of having illicit relations with her brother -in -law and he used to tell her of this fact. When the respondent declined permission to the deceased to visit the house of her brother -in -law (Jija), she consumed some insecticide tablets. He was informed about this by her son whereupon he immediately rushed to her room and took her to a doctor for medical aid who in turn referred her to Civil Hospital, Palampur where she was treated and later on died. The police was also informed about this fact by the relatives of the deceased and a dying declaration Ex.PW -1/E was recorded by ASI Bidhi Chand.

(3.) WE have heard learned Counsel for the State and have gone through the record.