STATE OF HIMACHAL PRADESH Vs. VINOD KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 28.6.1997, accused were put to trial. In terms of judgment dated 30.3.2002 passed by learned Additional Sessions Judge -II, Kangra at Dharamshala, in Sessions Case No. 7 -P/1999 titled as State of H.P. V. Vinod Kumar & Ors., accused stands acquitted of the charged offences.

(2.) IT is the case of the prosecution that on 7.12.1996 accused Vinod Kumar was married to the deceased, Smt. Kusam Kumari. After the marriage, parties started residing at village Lahla, Himachal Pradesh. However for work, accused No.1 Vinod Kumar lived in Delhi and deceased lived in the village along with her in -laws, including brother -in -law (accused No.2) and mother -in - law (accused No.3), who maltreated her. She was also not being maintained properly by her husband. In the month of June 1997, accused No.1 had come to the village. On 27.6.1997, he along with the deceased visited the house of his in -laws when his mother -in -law (PW -4) asked him to mend his ways. On 28th of June, 1997, Sh. Milap Chand (PW -5) (co -brother of accused No.1) along with Rajesh Kumar (PW -6) (brother -in -law of accused No.1) went to the house of the accused and learnt that Kusam Kumari had expired the same day. PW -5 immediately informed Sh. Krishan Kumar (PW -3) (elder brother of Kusam Kumari) about the same. Accordingly, PW -3 lodged report (Ext.PW -3/A) with the police, on the basis of which FIR No.202/97 under Sections 498 -A, 306, 34 IPC (Ext.PW -7/B) was registered at Police Station, Palampur, Distt. Kangra. SI Kushal Kumar (PW -8) commenced investigation. He prepared inquest reports (Ext.PW -2/B & Ext. PW -2/C). Dead body was sent for post mortem which was conducted by Dr.S. K. Bhatia (PW -2) who issued report (Ext.PW -2/E). Statements of PW -5 & PW -6 were recorded by the Investigating Officer at the spot. Report of the Chemical Examiner (Ext.PW -1/A) was obtained by the police on the basis of which final opinion was given by the doctor about the cause of death of the deceased. Matter was also investigated by SI Om Parkash (PW -1) and HC Ajeet Singh (PW -7). Investigation revealed complicity of the accused to the crime. Hence challan was presented in the Court for trial.

(3.) IN order to prove its case prosecution examined 8 witnesses and statements of the accused under Section 313 Cr.PC were also recorded in which they pleaded innocence and false implication. Evidence in defence was also led by them.