STATE OF HIMACHAL PRADESH Vs. PARMA NAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 28.02.1996, delivered by the learned Additional Sessions Judge, Mandi in Sessions Trial No. 31 of 1995, whereby the accused has been acquitted of having committed an offence punishable under Section 302 of the Indian Penal Code.

(2.) BRIEFLY stated, the facts of case are that deceased Smt. Manvari was married to the accused Parma Nand. On 19.05.1995, a telephonic message was received at Police Station Sundernagar from the Sundernagar hospital to the effect that Smt. Manvari had been brought to the hospital and that she was dead. Immediately thereafter, the Inspector/S.H.O. went to the hospital. Statement of PW -1 Smt. Hima Devi, mother of the accused, was recorded under Section 154 of the Criminal Procedure Code. In this statement, she stated that her son was employed in the B.S.L. Colony. According to her, her son used to beat his wife Manvari and for the 5 -6 years, he had been repeatedly beating her. According to her, her son, the accused Parma Nand, harboured a suspicion that his wife Manvari was having illicit relations with the brother -in -law of the accused. On 18.05.1995 also, the accused Parma Nand had abused his wife. On the previous day, i.e., 18.05.1995, the complainant Smt. Hima Devi (PW -1) alongwith deceased Manvari, her daughter and son -in -law went for threshing wheat and came back in the morning at about 4:00 A.M. Thereafter, they took meals and went to sleep. Hima Devi (PW -1) woke up at 8 A.M. After she had milked the cow, she went to the kitchen and saw that Manvari was lying in the kitchen with an injury on her head. In the meantime, her son, accused Parma Nand, came out from the kitchen and without asking anything, he went away. Thereafter, Hima Devi came out and told one Amro that Manvari was lying in the kitchen and she had been murdered by accused Parma Nand. Thereafter, Hima Devi raised a hue and cry and many persons from the village gathered there and took Manvari to the hospital, where she was declared to be brought dead.

(3.) WE have heard Mr. Rajesh Mandhotra, learned Deputy Advocate General and Mr. Ashwani K. Sharma, learned Counsel for the accused.