STATE OF H.P Vs. SUBHASH CHAND

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 22.12.1999 delivered by the Learned Sessions Judge, Una in Sessions Trial No. 17 of 1999 whereby he acquitted the accused of having committed offences punishable under Sections 302, 376 read with Section 34 of the Indian Penal Code.

(2.) THE undisputed facts of the case are that the deceased Satya Devi was married to Onkar Singh, brother of the accused. Onkar Singh had died about six years prior to the occurrence. Thereafter, his widow, Satya Devi (deceased) who had six daughters was working as a helper in the Balwari. She also used to work as a domestic help in the houses of the villagers to earn her livelihood and to maintain her children. On 6.12.1998, Satya Devi went to the house of one Raghubir Singh to work in the marriage ceremony being conducted in his house. Unfortunately, she never returned home thereafter.

(3.) DURING the course of the investigation, the police found evidence to the effect that the accused who was the brother -in -law of Satya Devi, being the younger brother of Onkar Singh, deceased, suspected the deceased of being a lady of loose character and, therefore, raped and murdered her and thereafter, threw her dead body in the jungle. The police completed the investigation. On the basis of the evidence, challan was filed and the accused was charged with having committed the offences detailed here -in -above. The accused pleaded not guilty to the charges levelled against him and claimed trial. After trial, the accused was acquitted. Hence the present appeal by the State.