BHUP RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Appellant has challenged his conviction passed on 24th January, 2001, by the learned Sessions Judge, Kinnaur at Rampur Bushahr, in Sessions Trial No. 21 of 2001, whereby he has been sentenced to undergo simple imprisonment for a period of seven years and to pay a fine of Rs. 20,000/- under Secton 306 of the Indian Penal Code with default clause.

(2.) In short the prosecution case can be summed up as follows. Smt. Piara Devi (deceased) was married to the Appellant on 13th December, 1999. She is alleged to have been accused of infidelity, having illicit relations with the younger brother of the Appellant on account of which, the Appellant used to maltreat her. One Geeta Devi from the village of the Appellant informed on 29th April, 2000 PW-1 Om Prakash, the brother of the deceased, that she would be visiting her parental house by bus in the evening, but she was not found travelling in the said bus. Thereafter he informed Geeta Devi that she was not in the bus. She informed Appellant. He also contacted Om Prakash (PW-1) and informed him that his wife was not traceable. He reached the village of his brother-in-law on 30th April, 2000. All of them went in search of her, but of no avail. As such, a report regarding her missing was lodged by Om Prakash aforesaid. Later her dead body was recovered on 12th May, 2000 from the bank of river Sutlej about 20 kilometers away from the house of the Appellant.

(3.) Inquest report Ext. PW-2/A was prepared by the police in the presence of PW-2 Naresh Kumar. The autopsy was performed by PW-4 Dr. Piyush Kapila, Department of Fornsic Medicines, Indira Gandhi Medical College, Shimla. He issued the post-mortem report Ext. PW-4/A on 14th May, 2000. Viscera was sent for forensic examination and final report is Ext. PW-4/B. In the opinion of the doctor, deceased died as a result of ante-mortem drowing which led to asphyxia about 2/3 weeks ago, as per decomposition noticed on the body.