STATE OF HIMACHAL PRADESH Vs. KISHORI LAL

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 24.4.2002, passed by Learned Sessions Judge Kangra at Dharamshala, H.P., in Sessions Case No. 5G/ VII/2000, under Sections 498A, 306 and 201 of the Indian Penal Code, in reference to FIR No. 12 dated 18.01.1999, Police Station, Jawali acquitting the alleged Respondent.

(2.) THE prosecution case, in brief, is that Chandu Lal lodged a report on 18.1.1999 at about 5.30 P. M. that the dead body of his sister victim / Maya Devi was found in the 2 Khud, the victim was married to accused Kishori Lal about nine years back according to Hindu rites and on 17.1.1999 at about 10.30 A.M. accused Kishori Lal came to his house and told that Maya Devi was missing from the house since 14.1.1999, as such, his uncle Tippu Ram, went to Balehra in search of Maya Devi, while searching, dead body of deceased Maya Devi was recovered from the Khud. Accordingly, matter was reported to the police on the basis of which FIR No. 12 of 1999 was registered.

(3.) PW .11 Dr. Balbir Singh was posted as Medical Officer in Zonal Hospital, Dharamshala conducted the postmortem examination on the person of the victim deceased and found ante mortem ligature mark on the upper part of neck, reddish in colour with interruption at places. Diamension of ligature mark was 11" x 1/2 inch. One depressed reddish bruise over the right side below angle of right mandible (cheek), adjoining of nose and right eye was missing. Floor was white and No. clotted blood or reddish stains were present on the wound or on the surroundings. 16/5/2014 Page 44 Hem Raj Versus State Of Himachal Pradesh This injury was not crushed injury and was in favour of bitten by wild animals. This injury No. 2 was postmortem in nature. PW.11 Dr. Balbir Singh has opined that the victim deceased was died of asphyxia due to ante mortem hanging and there was No. evidence of rape.