STATE OF HIMACHAL PRADESH Vs. JUDHIA DEVI

JUDGEMENT

(1.) A challenge has been laid to the judgment dated 25.4.1996 rendered by the learned Sessions Judge, Kangra at Dharamshala in sessions case No. 5 -K (VIII)/96, whereby respondents, who were charged with and tried for offences punishable, under sections 306 and 498 -A of the Indian Penal Code, have been acquitted.

(2.) CASE of the prosecution, in a nutshell, is that Smt. Indira Devi was married to Deepak Kumar about three years back prior to the incident. She remained for about three years in the house of her in -laws. She was subjected to cruelty by her mother -in -law and Jethani Smt. Rita Devi for bringing insufficient dowry. She consumed some poisonous substance on 24.9.1993. She started vomiting. She was taken to Nagrota Hospital by her husband. She expired. Nagrota Police was informed by the doctor on telephone. ASI Prem Chand reached the Hospital alongwith one Head Constable and preferred an application to record the statement when Indira Devi was unconscious. Doctor opined that she was not in a position to make statement. Thereafter statement of Maya Devi (PW -1) was recorded under section 154 of the Code of Criminal Procedure vide Ex.PW -2/A. FIR was registered on the basis of Ex.PW -2/A. Inquest report was prepared vide Ex.PW -11/C. Post mortem was conducted by PW -1 Dr. B.C. Khanna. He opined that cause of death was aluminium phosphide poisoning resulting in pulmonary oedema and congestion of internal organs and this was sufficient to cause the death in the natural course of events. After the investigation of the case, challan was put up in the Court after completing codal formalities, under section 207 of the Code of Criminal Procedure.

(3.) MR . Rajinder Dogra, learned Additional Advocate General has strenuously argued that the prosecution has proved its case against the respondents -accused.