STATE OF H.P. Vs. NAIN SUKH

JUDGEMENT

(1.) THE Appellant has challenged the acquittal of Respondent passed on 18.6.1999, by the learned Additional Sessions Judge, Shimla, H.P, in Sessions Trial No. 2 -S/7 of 1997, whereby he has been acquitted for the offences, punishable under Sections 497/306/506 of the Indian Penal Code.

(2.) MR . B.R. Bhandari was the counsel for the Respondent, but he did not put in appearance, as such, we appoint Sh. Varinder S. Rathore, Advocate as 'Amicus Curiae' to assist this Court.

(3.) ON the application Ex PW -1/A of the complainant, FIR Ex PW -6/A was formally recorded under Section 497, 306 and 506 of Indian Penal Code. The photograph (PW -5/B) of the dead body, showing the dead body hanging on oak tree, was taken. Thereafter, it was taken and laid on the ground. Again photograph Exts PW -5/A and PW -5/C were taken. Police also filled in the inquest papers Ex PW -11/B and prepared the site plan Ex PW -12/A with respect to the site of the incident. Thereafter, the dead body was subjected to the postmortem. Report is Ex PW -11/A. Ligature marks were found around the neck In the opinion of the doctor, the cause of death in all probability was ante mortem hanging causing asphyxia.