STATE OF H P Vs. GITA DEVI

JUDGEMENT

(1.) This appeal under Section 378 of the code of Criminal Procedure by the State is directed against the judgement of the learned Sessions Judge, Kangra at Dharamshala in Sessions Case No. 5-P/VII/94(old 10/93) dated 21.6.1994 whereby he acquitted the accused of having committed offences punishable under Sections 498-A and 306 of the Indian Penal Code.

(2.) The prosecution story, in brief, is that accused No.3 Jai Chand was married to the deceased Sudarshana Devi in the year 1977. Jai Chand was working as a taxi driver in Delhi and Sudarshana used to live alongwith her husband Jai Chand at Delhi. Three children, two sons and a daughter were born out of this wed-lock. The daughter unfortunately expired about a year after her birth. The elder son of Jai Chand and Sudarshana was living with his grand parents while the younger son lived at Delhi. Gita Devi accused who was the mother of Jai Chand was not keeping good health and therefore, Jai Chand sent Sudarshana Devi to Langhu to look after his ailing mother.

(3.) On 12.9.1990 at about 9.00 a.m. Sudarshana started vomiting. She was taken to the hospital at Baijnath by Jai Chand but breathed her last on the way. Tulsi Ram, father of Jai Chand, who is accused No.2, reported the matter to the police. Inquest was got done by the police. The body of Smt. Sudarshana Devi was subjected to post mortem and it was found to be a case of aluminium phosphide poisoning.