STATE OF H.P. Vs. KULDEEP CHAND

JUDGEMENT

(1.) THE State has preferred this revision against the concurrent findings of the two Courts below acquitting the Respondent for offences under Sections 494 and 498A of the Indian Penal Code.

(2.) THE prosecution case in brief is that Respondent Kuldeep Chand was charged for offences under Sections 494 and 498A of the Indian Penal Code on the allegations that marriage between the Respondent and Smt. Anjana Kumari was solemnized on 16.6.1995 according to Hindu rites and customs and three children were born out of this wedlock. The allegations are that for sometime he treated his wife with care and affection, however, after the birth of his son Chirag on 22.2.2003 the accused started torturing and beating the complainant. In that year she met with an accident near Darlaghat where she was working. The accused went to stay with her there and developed illicit relations with another lady. On 17.7.2005 at about 11.13 A.M. the accused came home and went to rest in the room where his daughter was sleeping. There a quarrel ensued between him and the complainant who consumed poison due to the harassment and mental cruelty to which she had been subjected to. She was taken to the Thakur Nursing Home by the accused who informed the police vide Ex.PW 9/A, on the basis of which First Information Report Ex.PW 9/B was registered. Police recorded the statement of the complainant Anjana Kumari Ex.PW 2/A under Section 154 of the Code of Criminal Procedure and took into custody the marriage certificate etc. The accused was charged with having solemnized another marriage with one Suman Jambal.

(3.) PW 1 Dr. Mohinder stated on oath that on 17.7.2005 Anjana Kumari was brought to his Nursing Home with history of having purportedly consumed poison. He proved on record Ex.PW 1/A the OPD Slip and Ex.PW 1/B which is the purported description of the poison. However, in cross -examination he was unable to say about the nature of poison unless he examined the report of the Chemical Examiner.