STATE OF HIMACHAL PRADESH Vs. VINAY KUMAR

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 3.10.2000 passed by learned Sessions Judge, Kangra at Dharamshala in Sessions Case No. 11 -J/VII/2000, thereby acquitting the Respondents/accused for the offences under Sections 302 and 498A read with Section 34 of Indian Penal Code in reference to FIR No. 146 dated 29.9.1999 of Police Station, Jawali.

(2.) THE prosecution story, in brief, is that Suman Bala {the daughter of Kishori Lal (P.W. 1) and Shiv Dei (P.W. 2) and sister of Sanjeev Kumar (P.W. 3)} was married to Vijay Kumar, the brother of accused Vinay Kumar on 19.2.1999. After her marriage, Suman Bala/(victim -deceased) went back to her parental house in the month of August, 1999 (black month), thereafter she went to her in laws house and while residing in her In -laws ' house, she died. Information to the police was given on 27.9.1999 by (P.W. 4) Kanta Devi, Pradhan about the death of Suman Bala and accordingly FIR was lodged. Post mortem of Suman Bala/(victim -deceased) was conducted and after completion of investigation, accused/Respondents were charged of the aforesaid offences and the case was tried by the court of Learned Sessions Judge.

(3.) (P.W. 1) Kirhori Lal, father of Suman Bala (victim -deceased) has stated that marriage of victim -deceased was solemnized by offering dowry and other articles except fridge and after marriage, she had been coming to his house. After four months, when she came to his house, she told him that both the accused, namely, Vijay Kumar, Devar of victim -deceased and Leela Devi, mother -in -law of the deceased were demanding fridge and for that harassing her. In that reference, P.W. 2 gave assurance to the victim -deceased that he will talk to them and thereafter he will purchase fridge. His daughter thereafter met him twice or thrice in his house and all the times, she told him that the accused persons used to harass her on account of demand of fridge and in that reference P.W. 1 summoned Leela Devi and her brother to his house for talk, however, they did not come to his house.