STATE OF HIMACHAL PRADESH Vs. RAKSHA DEVI

JUDGEMENT

(1.) State is in appeal against the judgment dated 18.12.1995, of the learned Sessions Judge, Hamirpur, H.P. whereby the Respondent, who shall hereinafter be referred to as the 'accused' was tried for the offence under Section 302 of the Indian Penal Code and was ultimately acquitted.

(2.) The facts giving rise to the initiation of the present case as emerge out of the statement of, the complainant PW.-l Smt. Saraswati Devi, recorded by the police under Section 154 Code of Criminal Procedure, (Ex.PA), may be stated thus. The complainant Smt. Saraswati Devi was married to Sh. Rattan Chand about 5 years prior to the alleged occurrence. At that time, she was having two children, both sons, the elder Nikhil and the younger Aman Kumar. On 26.4.1993, Smt. Uma Devi, mother-in-law, of the complainant along with one Smt. Amro Devi, a co-villager, had gone to Hamirpur Bazar. In their absence, the complainant went to one Smt. Rita, a co-native, to take payment of Tape Recorder, which she has sold to her. When she returned home, she found that accused Raksha Devi was sitting inside her house on the cot. When the complainant asked her as to why she had come there, she told that she wanted to have some Sindur (Vermillion). Resultantly, the complainant gave some Sindur to her in a Pudia and she went from there. Thereafter, when the complainant went inside the room and checked her purse, she found that a currency note worth Rs. 5/- was missing/stolen. When mother-in-law of the complainant came back home in the evening, she narrated this incident to her. On the next day, i.e., 27.4.1993, at about 10 A.M. when mother-in-law of the complainant confronted the accused about the above incident in the presence of her mother-in-law and the complainant, she started abusing the complainant and her mother-in-law and also gave beatings to them. Thereafter, mother-in-law of the complainant went to lodge complaint about the above incident to the mother of the accused in village Rajaihar. Thereafter, the accused threatened the complainant and hurled abuses at her that she had leveled false allegation of theft against her and that she would see her and her family. At about 12 noon, when the complainant was busy with household chores, her elder son Nikhil while playing went to the Courtyard of the accused. The compjainant called him but he kept on playing there. At about 12.30 P.M., when the complainant went to the Courtyard of the accused to bring back her son Nikhil from there, she found that he had fallen down and was lying in the Courtyard of the accused. She noticed that there were some fresh black spots on his neck, mouth and shirt. When she asked him as to what he had eaten ("Tune Kya Khaya Hai"), he disclosed that Tai (Raksha Devi) had administered medicine to him. When the complainant brought him from there, he started black coloured vomiting and became unconscious. Thereafter, the complainant alongwith a co-villager, Smt. Biasa Devi took him to doctor Rupu at Pucca Proh. However, the doctor advised that he should be immediately taken to the hospital at Hamirpur. Accordingly, the complainant took him there and got him admitted in the hospital, where he died at 10.45 P.M. According to the complainant, the accused had murdered Nikhil Kumar (deceased) to avenge "Gharelu Ranjish" and the aforesaid occurrences that have taken place on 26/ 27.4.1993.

(3.) As per prosecution, the matter was reported to the police by Dr. D.N. Sharma, Medical Officer, District Hospital, Hamirpur (not examined), vide daily diary report (DDR) No. 32 dated 27.4.1993 (Ex.PL) at 11.25 P.M. Accordingly, the aforesaid statement of the complainant Ex.PA was recorded by the police under Section 154 of Code of Criminal Procedure at her house in village Sastar, at 1.10 A.M. (night) on 28.4.1993. On its basis, formal FIR Ex.PW.l/A was registered. It was during investigation, that Banian of the deceased, which was produced by the complainant, was taken into possession by the police vide Memo Ex. PB. Vomit stained soil was also taken into possession by the police from the Courtyard of the complainant vide Memo Ex.PC.