STATE OF HIMACHAL PRADESH Vs. RAMESH SINGH

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 9.1.2003 delivered by the learned Sessions Judge, Kangra at Dharamshala, whereby he acquitted the accused of having committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(2.) BRIEFLY stated the facts of the case are that deceased Champa Devi was married to Ramesh Singh @ Ranbir, the first accused. The second accused Subhas Devi was the mother -in -law of deceased Champa Devi. There is no dispute that the body of Champa Devi was found hanging in her matrimonial home on the night intervening 17th/18th December, 2001. The only question is whether she committed suicide or whether she was strangulated by her husband and mother -in -law and then they hung her body to show that it was a case of suicide.

(3.) THE dead body of deceased Champa Devi was sent for postmortem examination alongwith application Ext.PW -8/A. PW -8 Dr. Vivek Sood conducted the postmortem and his opinion was that the death had been caused due to asphyxia, caused by constricting force around the neck. Even after the chemical examination of the viscera, the same opinion was confirmed. Other investigation was carried out and after completion of the investigation, the accused were charged with having committed the murder of Champa Devi.