RAJINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant has laid challenge to his conviction and sentence passed by the learned trial Court in Sessions Trial No. 46/04/03 decided on 12/13.1.2005, for the offence punishable under Section 306 of the Indian Penal Code, whereby, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay fine of Rs. 5,000/ - with default clause.

(2.) IN short, the prosecution story can be stated thus. The admitted facts of the case are that the deceased Darshna was married to the appellant, hereinafter referred to as "the accused" on 26.11.2000 and she committed suicide on 31.7.2002 by consuming aluminium phosphate, an insecticide.

(3.) SHRI I.D. Bali, learned Senior Advocate, duly assisted by Shri Virender Bali and Shri K.G. Sharma, Advocates, vehemently argued that there is no consistency in the statements of the prosecution witnesses. Further that they stood contradicted with their statements recorded under Section 161 Cr.P.C. It is also submitted that the material improvements made in their statements, all the more make the case of the prosecution a suspect. It is also argued that no evidence has come forth that in the close proximity of suicide, there was some cause attributable to the accused to prompt her to commit suicide.