STATE OF H.P. Vs. RUKMAN CHAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 27.9.1999 delivered by the learned Sessions Judge, Hamirpur, in Sessions Trial No. 18 of 1998, whereby he acquitted the accused of having committed an offence punishable under Section 304 -B of the Indian Penal code.

(2.) THE admitted facts are that the accused Rukman Chand was married to Meena Devi (deceased) in December, 1992. The accused worked in the Indian Army. The wife used to reside in the marital home. According to the prosecution, the accused whenever he used to come on leave to his village would beat his wife. The reason for beating the wife was that she had brought insufficient dowry. As and when the deceased visited her parental house she complained to her mother that the accused was harassing her for bringing insufficient dowry. No child was born out of this wedlock.

(3.) ON 11.3.1996, Prithi Chand, brother of the accused accompanied by one cousin visited the parental house of the deceased and inquired whether the deceased had come to the parental home. When the mother of the deceased replied in the negative, the brother of the accused was asked why they were making an inquiry in this behalf. Then the mother of the deceased was told that the deceased is missing. Therefore, Meena Devi's brother Amarjit and one cousin Arjun accompanied by one Bakshi went to village Lambehra i.e. the village of the accused in order to ascertain the correct factual position. On 11.3.1996, in the evening Arjun returned back and informed his mother that the dead body of the deceased was found in a Nallah near village Lambehra. Next day, i.e. on 12.3.1996, F.I.R. (Ext.PA) was lodged with the police in which the mother alleged that she suspected that her daughter Meena Devi had been murdered by the accused.