STATE OF H.P. Vs. PROMILA DEVI

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 11.11.1994 passed by the learned Additional Sessions Judge, Kullu in Sessions Trial No. 2 of 1994 whereby he acquitted the accused of having committed an offence punishable under Sec. 302 read with Sec. 201 of the Indian Penal Code.

(2.) Briefly stated the facts of the case are that the accused Promila Devi was married to the deceased Baldev Singh. They used to reside in village Cheling, Tehsil Udaipur, District Lahaul -Spiti. Out of this wedlock, three children were born.

(3.) PW/1, Som Dev, brother of the deceased resided in a house adjoining the house of the accused lodged a complaint with PW/12 Mohan Lal on 24th October, 1991 that his brother Baldev Singh was missing for the last 4 -5 days. He also informed the police that the accused was a woman of easy virtue and she had been quarrelling with her husband. He alleged that once the accused was caught red handed in a compromising position with a 'Gorkha' by the deceased and their relations were further strained. He further suspected that the accused may have killed her husband.