STATE OF H P Vs. SWARI DEVI

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure in reference to judgment dated 24.5.2001, passed by Learned Sessions Judge, Mandi, H.P., in Sessions Trial No.17 of 1998, under Sections 498-A and 306 of the Indian Penal Code acquitting the alleged respondents-accused.

(2.) THE prosecution story, which emerges from the evidence led before this Court, is that Falaki Devi was married to Daulat Ram 7-8 years prior to the lodging of the report on 26.6.1997. One son was born from this wedlock and Daulat Ram husband of the deceased was serving at P.G.I. Chandigarh, while Falaki Devi was living in her in-laws' house alongwith Dunaju Devi. Dunaju Devi accused is the mother-in-law of the deceased, Chunju accused is Jeth of the deceased while Sawari Devi accused is Jethani and Amar Singh accused is brother of the father-in-law of Falaki Devi. It is in evidence that the deceased was only living with Dunaju Devi her mother-in-law while the remaining accused were living separately and they used to give beating to the deceased and used to quarrel with her. PW.1 Mangat Ram, father of the deceased used to send her back after advising her. THE act of maltreatment/beating was sought to be substantiated by the parents of the deceased as well as other relatives. It is also in evidence that previously also when the deceased was given beating, a report was lodged to the police and the matter was compromised. It was alleged that because of maltreatment the deceased had committed suicide by jumping in the river.

(3.) PW.1 Mangat Ram, father of the deceased, has endeavoured to support the prosecution case in the same line that accused-respondents used to give beatings to the victim- deceased.