STATE OF H.P. Vs. PARVEEN KUMAR

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to judgment dated 25.5.1996, passed by Learned Additional Sessions Judge, Shimla, H.P., in Sessions Trial No. 22 -S/7 of 1996, under Section 306 of the Indian Penal Code, acquitting the alleged accused/respondent.

(2.) THE prosecution case is that deceased Krishna was married to the accused, namely, Parveen Kumar and was found to have committed suicide by hanging herself in the matrimonial house on 15.7.1995. Smt. Bimla Devi (PW.7) sister of the deceased reported the matter to the Sadar Police. On this report, PW.10 Devi Dass, the then Investigating Officer, Police Station Sadar, visited the spot and recorded the statement of PW.1, Raj Kumar, brother of the deceased, under Section 154 of Cr.P.C. Ex.PW.1/A. PW.1 brother of the deceased has stated that the deceased was his younger sister and she was married to the accused about 4 years ago and she had two children, who are school going. The accused was working in the Punjab National Bank at Shimla, as Safai Karamchari. Further that the accused was habitual drunker and used to torture and treat the deceased with cruelty, however, on the previous night, the accused was noticed running behind the deceased alongwith stick in his hand. The deceased had thus to take shelter in their quarter during that night and on intervention, she gave up the idea to commit suicide, and FIR No. 220/1995 was lodged.

(3.) OUT of the prosecution witnesses, PW.2 Raj Kumar, complainant, PW.3 Yog Raj, PW.4 Ram Pyari mother of the deceased, PW.5 Pawan Kumar, PW.6 Naresh Kumar and PW.7 Smt. Bimla Devi, sister of the deceased, material witnesses were said to have supported the prosecution case.