STATE OF HIMACHAL PRADESH Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. against the judgment of the court of the learned Additional Sessions Judge, Sirmaur District at Nahan, dated 31.12.2002, vide which he acquitted the respondent of the charge framed against him under Section 306 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 28.7.2000, at about 6.45 p.m., at Civil Hospital, Paonta, a statement under Section 154 Cr.P.C. was made by one Mohan Lal. In the said statement, he alleged that his younger sister Anita alias Suman, aged about 22 years, was married two years ago to Santosh Kumar, respondent. Her husband was working as a truck driver and no child was born from this wedlock. On 27.7.2000 at about 9.30 p.m., three persons came to his residence including brother -in -law of the respondent, his younger brother and informed him that his sister Anita has been admitted in Dehradoon Hospital in a burnt condition. The deceased had suffered 99% burn injuries while the respondent had also suffered 60% burn injuries. He suspected that the in -laws of his sister wanted to cremate the dead body and he asked that a second postmortem be conducted. The dead body was brought to Civil Hospital, Paonta and second postmortem was conducted. He also learnt that he had heard some women folk talking in the house of the deceased 'sin -laws that she had gone to road side to visit her parents ' house and the respondent brought her back after giving her beating. It was further alleged that on the night when she was brought back this occurrence took place. The complainant further alleged that his sister used to complain to him that the respondent gives her beating under the influence of liquor and she also used to complain about dowry. He suspected that his sister may have been killed by the respondent and other members of his family.

(3.) WE have heard Mr.Rajesh Mandhotra, learned Deputy Advocate General for the appellant and Ms.Divya Sood learned counsel for the respondent and have gone through the record of the case.