STATE OF HIMACHAL PRADESH Vs. RAKESH KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Sessions Judge, Hamirpur, H.P., dated 4.5.2002, vide which he acquitted the respondents of the charge framed against them under Sections 498 -A and 306 read with Section 34 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 24.11.1998, a police officer was present in Dadoh area, where a statement under Section 154 Cr.P.C. was made by Ranjit Singh, father of deceased Raksha Devi. In the said statement, he alleged that he had performed the marriage of his daughter Raksha Devi (now deceased) three years ago with respondent Rakesh Kumar. He was present in the school on 24.11.1998, where he was serving as a Peon, when he received a telephonic information at 10.30 a.m. that his daughter was being taken to hospital in a serious condition. He firstly went to the hospital and then to the house of the in -laws of the deceased and found her dead body lying in the verandah. It was alleged that earlier also his cousin Nikki Devi, who is also married in the same village, had informed him that the husband of the deceased, namely, Rakesh Kumar usually give beatings to his daughter. His daughter visited him on the occasion of Diwali and told him about this fact and he advised her husband and sent her back. It was alleged that respondent Roshani Devi, mother -in -law of the deceased, also used to maltreat her without any reason and used to taunt her. He advised them, but they did not change. He was also informed by the villagers of Dadoh village that respondent Rakesh Kumar and his mother give beatings to his daughter and taunted her and, therefore, she may have committed the suicide.

(3.) WE have heard Mr.Vivek Thakur, learned Additional Advocate General for the appellant -State and Mr.Prantap Sharma, Advocate, for the respondents, and have gone through the record of the case.