STATE OF H.P. Vs. UDEY RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 8.4.2002 delivered by the learned Sessions Judge, Sirmaur at Nahan, in Sessions Trial No. 34 -ST/7 of 2001, whereby he acquitted the accused of having committed the offence of murder of his wife.

(2.) THE prosecution story in brief is that the accused was married to Pushpa Devi and relations between them were not cordial. It is alleged that on 13.7.2001, the accused took his wife to Paraliwala jungle near village Digali, Tehsil Paonta Sahib. In the jungle, he gave her severe beatings and came back. He then informed his brother Ramesh Chand that his wife had suffered a fit in the jungle and they should go together to the jungle and bring his wife. Thereafter, Ramesh Chand, Mani Ram and Nain Singh accompanied the accused and went to the Paraliwala jungle, where search was made for Pushpa Devi. She was found in an unconscious state. She was wrapped in a bed sheet and brought home but there she was found to be dead. In the meantime, PW -1 Nishi Kant Sharma, Pradhan of Gram Panchayat informed the police and the police came to the house of the accused. The body of Pushpa Devi was taken into possession by the police and sent for post mortem. In the post mortem, it was found that Pushpa Devi had died because of the multiple injuries on her body.

(3.) THERE is no eye witness to the incident and the prosecution case is based on circumstantial evidence. The circumstances relied upon are: (i) that relations between the husband and wife were not cordial; (ii) that husband and wife were last seen going towards the jungle; and (iii) that the accused had made a disclosure statement which led to the recovery of the stone (Ext.P -1) which was allegedly used to cause injury on the person of the deceased.