STATE OF HP Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) Respondentaccused, Raghubir Singh has been brought in the custody of Head Constable Amrender Singh, No.64, in reference to order dated 24th July, 2010, however, the matter is being heard in presence of the accusedrespondent himself.

(2.) The present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of criminal Procedure has been granted in reference to judgment dated 8.12.1999, passed by the Learned Sessions Judge, Solan, H.P., in Sessions Trial No. 17A/7 of 1999, under Section 304B of the Indian Penal Code, acquitting the alleged accused/respondent.

(3.) The prosecution case is that Hemawati (victim / deceased) daughter of Sh. Roshan Lal, was married to the accusedrespondent and was found missing from the house and after four days her dead body was found lying in a Ghasni at a distance of about 5 km from village Takroli. The death was caused by poisoning and from the spot one shawl, rope, one empty bottle, one pair of chappals and some tablets were recovered. Mother of the victim / deceased, disclosed to the police that accused had demanded money from her on three occasions, which she had paid to him and he had threatened that in case money is not paid, she will not be able to see the face of her daughter. Mother of the victim / deceased made a complaint that her daughter was given beatings and was tortured, as such, the accusedrespondent was charged under Section 304B of the Indian Penal Code and the case was committed to the Sessions Court.