STATE OF HIMACHAL PRADESH Vs. SURENDER PAL

JUDGEMENT

(1.) THE present appeal has come up for consideration after leave to appeal has been granted under Section 378(3) Code of Criminal Procedure in reference to the impugned judgment dated 17.3.2001, passed by the learned Sessions Judge, Hamirpur, H.P, in Sessions Trial No. 08 of 2001, acquitting the accused -Respondents for the offences under Section 302 read with Section 34 IPC.

(2.) ACCORDING to the prosecution deceased Pushpa Devi was married to Harbans Lal of village Tal, from whom two children were born, thereafter marriage could not be continued and customary divorce took place. In due course Pushpa Devi married accused Surender Pal in August, 1999 and started residing with Surender Pal at his village Malwal Jadid. In June, 2000, deceased Pushpa Devi had come to her parents house at village Chhota Chhal, with her husband Surender Pal and co -villager Kulbir Singh and stayed in the house of Shri Jaishi Ram, i. e the father of deceased on 8.6.2000, who was running a Gharat in 'Kunah Khad ', situated at a distance of 1 KM from his house. On 9.6.2000, the father of deceased Jaishi Ram was at the Gharat and Smt. Saraswati Devi P.W. 1, mother of the deceased was present in the morning in her house. P.W. 1 Saraswati Devi went to her husband at the Gharat on 9.6.2000 at about 9.00 AM and stayed with him whole day, but when she returned to her house in the evening she noticed that door of her house was locked. However, she did not open the lock and slept in the kitchen of her house. On the following day, i.e June 10, 2000, Smt. Saraswati Devi, started searching for the key of the lock, which was hanging on the door of her house.

(3.) P .W. 1 Smt. Saraswati Devi, the mother of the deceased Pushpa Devi in her endeavour to support the prosecution case, has stated that divorce had taken place in between Harbans Lal and Pushpa Devi about 4 or 5 years back and about 1 or 1% years back preceding to death of Pushpa Devi, she had married with Surender Pal, however, there was no child from Surender Pal. Deceased Pushpa Devi used to visit her house very often with her husband Surender Pal. On 8.6.2000, deceased Puswhpa Devi had come to the house of Smt. Saraswati Devi P.W. 1 along with her husband Surender Pal and accused Kulbir Singh alias Jugga at about 8.00 PM.