LAWS(HPH)-2011-7-11

STATE OF HIMACHAL PRADESH Vs. ROOP CHAND

Decided On July 20, 2011
STATE OF HIMACHAL PRADESH Appellant
V/S
ROOP CHAND Respondents

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 19.12.2001 passed by learned Sessions Judge, Kangra at Dharamshala, HP in Sessions Case No. 42 -G/VII/1999 thereby acquitting the Respondents/accused for the offence under Sections 498A and 306 of IPC in reference to FIR No. 197 dated 12.10.1997

(2.) THE prosecution case is that an information/ complaint dated 12.10.1997 was received by the police of Police station, Jawalamukhi that Sundesh Kumari, victim deceased had consumed poison due to mis -behaviour and ill treatment meted out by the accused/Respondents being father -in -law and mother -in -law of the victim -deceased. An FIR was lodged and investigation was made and the accused/Respondents were charged for the aforesaid offence.

(3.) IN order to prove its case, prosecution has examined as many as 11 prosecution witnesses, whereas, to their statements under Section 313 Cr.PC, accused/Respondents denied the prosecution case and had shown their innocence.