STATE OF H P Vs. LEKH RAJ

JUDGEMENT

(1.) A challenge has been laid by the State to the judgment of acquittal dated 25.6.1997 passed by the learned Additional Sessions Judge (1), Kangra at Dharamshala in Sessions case No. 8J/97, under Sections 498A and 306 of the Indian Penal Code.

(2.) Case of the prosecution, in a nutshell, is that one Smt. Darshana Devi was married to Tilak Raj. Tilak Raj was serving as a Constable in Border Security Force. MHC of Police Station, Nurpur received a telephonic message to the effect ihat Darshana Devi has been admitted in Civil Hospital, Nurpur on 24.11.1996 as a case of poisoning. Head Constable No.496 and Constable Shiv Sarup rushed to Civil Hospital, Nurpur. PW14 ASI Daya Nand also reached the spot alongwith Constable Vinod Kumar. Darshana Devi died on 24.11.1996 at 10.00 a.m. Brother of the deceased Subhash Chand made statement, under Section 154 of the Code of Criminal Procedure vide Ex. PW2A. According to him, his sister Darshana Devi was married to one Tilak Raj. Darshana Devi had come to her matrimonial home and she narrated to her mother PW6 Keshna Devi that she was maltreated by mother-in-law, Achhari Devi, brother-in-law (Jeth) Lekh Raj and sister-in-law Asha Devi. She had further narrated that she was chided for bringing dowry articles of inferior quality and a sum of Rs.25,000 was also demanded. PW2 Subhash Chand consoled his sister and told her that he will discuss the matter with her in-laws. FIR was registered vide Ex. PW10A on 25.11.1996. PW1 Dr. Parveen Bhardwaj issued Medico Legal Certificate (MLC) Ex. PW1A. He noticed no injury marks on the body of the deceased. Post-mortem was conducted by PW1. Dr. Parveen Bhardwaj. Copy of the post-mortem report is Ex. PW1F. Viscera was sent to Forensic Science Laboratory, Himachal Pradesh at Junga. Copy of the report of Forensic Science Laboratory is Ex. PW1G. PW1 Dr. Parveen Bhardwaj opined that Darshana Devi died of Aluminium Phosphade poisoning. The final opinion is Ex.PWIK.

(3.) Prosecution has mainly relied upon the statements of PW2 Subhash Chand, brother of the deceased, PW3 Joginder Kumar, another brother of the deceased, PW4 Neelam Kumari, sister-in-law of deceased and PW 6 Keshna Devi, mother of the deceased. According to the testimony of these witnesses, Darshana Devi was maltreated by the respondents. Respondents were examined under Section 313 of the Code of Criminal Procedure. They have stated that they have been implicated falsely and pleaded their innocence. Learned Additional Sessions Judge acquitted the respondents.