THE STATE OF H.P. Vs. PASHMU DEVI

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment and order dated 30.06.1999, passed by the learned Additional Sessions Judge, Shimla, District Shimla, in Sessions Trial No. 37 -S/7 of 1995, acquitting the alleged accused under Sections 302 of the Indian Penal Code in reference to FIR No. 2 of 1994.

(2.) PROSECUTION case in brief is that complainant, Kundan Lal, married Pashmu and lived with her for about four years. No issue was born from such wedlock, as such, complainant, Kundan Lal (PW -1) married Devan Devi in the year 1975, as per Hindu rites. Out of such wedlock, two children, namely, Narinder (deceased) and one daughter Reena Devi were born. Narinder (deceased) was about 13 years of age and was student of 3rd standard. On 21.09.1993, a messenger, namely, Tara Chand, came to Kundan Lal (complainant) alongwith a letter and Kundan Lal came to know about the death of his son Narinder. He immediately went to his house, where he found the dead body of his son lying in the house. Thereafter, Narinder (deceased) was cremated. Nephew of complainant, Miyan Ram, working in a hotel at Shimla came to the village after 15 -20 days of the death of Narinder and the complainant, as well as, his wife offered to adopt said Miyan Ram as their son. As such, Miyan Ram started living with the complainant alongwith his wife. It appears that accused Pashmu Devi was not happy with the marriage of Devan Devi with Kundan Lal and allegedly had given poison to Narinder (deceased). On investigation, the case was registered on 03.01.1994, under Section 302 IPC, vide FIR No. 2 of 1994, Ex. PW -1/C. After completion of the investigation, accused was charged for the offence under Section 302 of the Indian Penal Code and the case was committed to Sessions Court.

(3.) PW 1 Kundan Lal (complainant) has stated that on inquiry about the cause of death of Narinder (deceased) from his wife, he came to know that something was given in food to the deceased and the food was cooked in one utensil. The left out food was given to his cattles and on eating the same, white liquid ('jhag') started coming out from the mouth of the cattles. PW -1 consulted the Veterinary doctor, however, such thing was not examined by the Veterinary doctor. PW -1 also stated in cross -examination that there are 70 -80 houses in the village and PW -1 was residing separately alongwith his family. He has also stated that he did not apprise the police that how he came to know about the ailment of his son. PW -1 has further deposed that he has reason to believe that it is the accused Pashmu, who had administered the poison in the food of his son, as the left out food in the 'thali' (plate) was given by me to three cattles viz. oxen, a cow and a calf and liquid started coming out from the mouth of such cattles after three hours from eating the left out food. PW -1 has also stated that accused -respondent Pashmu Devi was divorced by him about 20 years ago, from the birth of his deceased son Narinder and accused -respondent Pashmu had been residing with her sons Maya Ram and Sita Ram, as such, accused -respondent Pashmu was not concerned with the family of Kundan Lal after separation.