STATE OF H P Vs. RAVINDER KUMAR

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 31.08.2001, passed by Learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Case No.12-K/VII/2000, under Sections 498-A and 306 of the Indian Penal Code acquitting the alleged respondent- accused.

(2.) THE prosecution case, in brief, is that a complaint lodged by Pratap Chand that he has one son and two daughters and his daughter Smt.Sushma Devi was married to Ravinder Kumar, accused, about two years back and on 3.6.1999 at 2.00 A.M., in the night, two or three persons came to his house and told that Sushma Devi was sick and admitted in Shahpur hospital. When Pratap Chand (PW.3), father of Smt.Sushma Devi (deceased) went to the hospital, he found Smt.Sushma Devi dead. THE matter was reported to the police. Postmortem examination was conducted and after investigation accused was charged for the aforesaid offences.

(3.) PW.1 Dr.Mohan Singh examined the victim Sushma Devi on 2.6.1999 and at that time she was not found fit to give statement. PW.1 has stated that victim Sushma Devi was brought to the hospital by her husband, mother-in-law accompanied by lady Pnchayat 'Pradhan'. PW.1 Dr.Mohan Singh has further stated that whatsoever medicines were prescribed by him, attendant accused brought the same to the hospital immediately.