STATE OF H.P. Vs. MATHARA DEVI

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 3.9.1998 delivered by the learned Sessions Judge, Mandi in Sessions trial No. 33 of 1996 whereby he acquitted the accused of having committed offences punishable under Sections 302 and 201 of the Indian Penal Code.

(2.) THE brief facts of the case are that Krishan Chand died on 13.11.1993, which was Diwali day. Krishan Chand was married to Mathra Devi, the accused, who is alleged to have murdered her husband. According to the prosecution this was her 3rd or 4th marriage. The prosecution case further is that the body of Krishan Chand was found by Kesar Singh and Tek Singh near the house of the deceased and these two persons brought the dead body of Krishan Chand to the courtyard of the deceased. Relatives of the deceased were called. PW -1 Nand Lal is the nephew of the deceased. When he came to the village he found that the body of his maternal uncle (Mama) had been laid on the floor and was covered with a blanket (Pattu). Several persons were present there. When the Pattu was removed he found that there were blue marks on the right side of the face and head of the deceased. He also found marks of injury on the neck of the deceased. Therefore, he reported the matter to the police at about 9 p.m in the evening. The SHO Police Station, Balh sent one constable with him and on the next day the SHO himself visited the house of Krishan Chand and prepared the inquest report Ext.PW -1/A and sent the dead body for post mortem to the district hospital Mandi. However, no case was registered upto 21.11.1993 and it was only on the said date on the basis of the report Ext.PW -25/B (also Ext.DA) F.I.R. Ext.PW -20/A was lodged under Sections 302 and 201. As per the post mortem report Ext.PW -19/B deceased Krishan Chand died as a result of strangulation caused by throttling. The prosecution case is that the accused killed her husband Krishan Chand since he had revoked the Will which he had executed in her favour and had executed another Will bequeathing his properties in favour of PW -1. After investigation challan was filed against the accused and the accused pleaded not guilty and claimed trial. After trial the accused was acquitted. Hence, this appeal by the State. There is no eye witness to the incident and the entire case against the accused is based on circumstantial evidence. The circumstances relied upon by the prosecution are as follows:

(3.) IT is settled law that in the case of circumstantial evidence all the circumstances from which conclusion of guilt is to be drawn should be fully established; the circumstances and facts so established should be consistent only with one conclusion i.e. guilt of the accused and they should not admit of any other hypothesis except the guilt of the accused. The circumstances should be conclusive in nature and should exclude any possibility of the accused being innocent. The chain of circumstances should be linked together in such a manner that the same is complete and leads to only one conclusion i.e. the guilt of the accused and also exclude any probability of the crime having been committed by some other person. It is in the light of this settled position of law we proposes to examine the case.