STATE OF HIMACHAL PRADESH Vs. PARKASH CHAND

JUDGEMENT

(1.) THE present Criminal Appeal has come up for consideration after the grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure against the judgment dated 24.4.2002 passed by the learned Sessions Judge, Bilaspur in Sessions Trial No. 22 of 1996, acquitting the Respondents/accused for the offences under Sections 304B and 498A read with Section 34 of the IPC in reference to FIR No. 51/95, dated 24.5.1995, Police Station, Ghumarvin.

(2.) THE case of the prosecution is that Sandhya Devi, deceased was married to accused Prakash Chand on 21.6.1994. The marriage life was quite happy initially for about six months, but one and half month prior to the date of occurrence, Sandhya Devi came to her parents house and made a complaint to her mother that her parents -in -law were harassing her for bringing less dowry and her husband/accused Prakash Chand had been complaining that he was not given gold ring in the marriage. On 21.5.1995 around 2.30 P.M. the deceased accompanied by her husband to the house of PW1 Kartar Singh and after staying their overnight the deceased came to her matrimonial house during the day time. On 23.5.1995 Sunka Ram and Sunder has come to inform PW1 at 10 A.M. that deceased, Sandhya Devi has been admitted in Ghumarwin hospital and PW1 rushed to the hospital, at about 4.45 PM, however, the deceased Sandhya Devi died and in that reference FIR Ex.PW1/B was recorded. During investigation, eight letters written by deceased Sandhya Devi and four letters of accused were taken into possession vide recovery memo Ex.PW10/C, After the completion of investigation, the accused persons were charged for the aforesaid offences.

(3.) KARTAR Singh (PW1) in his endeavour to support the prosecution version, stated in cross -examination that one letter was written by the deceased to the accused. PW1 further, stated in cross -examination that accused persons were demanding dowry from Sandhya, deceased. Again stated that his wife told him that the accused persons were harassing the deceased for dowry. However, he had not made any complaint to the police or any authority about this incident.