STATE OF H.P. Vs. PRITHI CHAND

JUDGEMENT

(1.) FOR an offence which is alleged to have been committed on 17.7.1993 accused was put to trial. In terms of judgment dated 5.9.1995 passed by learned Addl. Sessions Judge -I, Kangra at Dharamshala, in Sessions Case No. 1 -G/95 titled as State of H.P. v. Prithi Chand, accused stands acquitted of the charged offence.

(2.) IT is the case of the prosecution that Smt. Suita Devi d/o Sh. Kali Ram (PW -1) was married to accused Prithi Chand. The accused was having relations with "some other" lady which was objected to by Smt. Sunita Devi. For this reason the accused used to beat her up. He would strip her naked and then beat her. Once he threw the meal prepared by her and threatened to hit her head with the cot. He also made a dowry demand of a cooker. She complained about his misbehaviour to her father who in turn reported the matter to Pradhan Gurnam Singh (PW -7). The Pradhan asked PW -1 not to send Smt. Sunita Devi to her matrimonial house but however on the asking of Sh. Rikhi Ram (PW -4), she was sent to her matrimonial house on the assurance that the accused would mend himself. However, the accused continued to mentally and physically torture Smt. Sunita Devi which prompted her to commit suicide by taking poison. The police was informed of the incident and the statement (Ext.PW -1/A) of Sh. Kali Ram (PW -1) was recorded by the police. On the basis of the said statement F.I.R. dated 17.7.1993 (Ext.PW -10/A) under Section 304B IPC was registered with Police Station, Dehra. During investigation the clothes of the deceased were taken into possession vide recovery memos (Ext.PW -3/B & Ext.PW -3/C). The site was photographed and one plastic container (Ext.PC) found near the body of the deceased was taken into possession vide memo (Ext.PW -3/D). The post mortem of the dead body was carried out by Dr. R. K. Sharma (PW -8) who gave his report (Ext.PW -8/A). The plastic container and the part of body of the deceased was sent to the Chemical Examiner and his report was also taken on record. With the completion of the investigation the challan was presented in the Court for trial.

(3.) THE Court below acquitted the accused of the charged offence, hence the present appeal.