LAWS(HPH)-2011-12-72

BAKSHI RAM VIAS Vs. ANIL KUMAR SAKLANI

Decided On December 08, 2011
Bakshi Ram Vias Appellant
V/S
Anil Kumar Saklani Respondents

JUDGEMENT

(1.) THE complainant has filed this revision against judgment dated 4.3.2006 passed by Additional Sessions Judge, Solan in Session Trial No. 4 -S/7 of 2005 acquitting respondent No.1 for offence punishable under Section 306 IPC. The State has not challenged the acquittal of respondent No.1, therefore, petitioner has filed the revision.

(2.) THE prosecution case, in brief, is that Shalini daughter of complainant PW -1 Bakshi Ram Vias was doing diploma in Mechanical Engineering at Govt. Polytechnical College, Sundernagar in the year, 2004. In February, 2004 Shalini went to take admission in 4th Semester in the diploma but instead of taking admission she solemnized marriage with respondent No.1 without consent and against wishes of her parents. This fact came to the notice of complainant on 16.2.2004 when he enquired about it at Sundernagar from his relatives. The complainant visited the house of respondent NO.1 in Village Pariyal, Tehsil Sundernagar where he found his daughter Shalini. He was told that Shalini had performed marriage with respondent No.1 in Arya Samaj Mandir, Solan. Shalini declined to accompany her father to her parental house.

(3.) THE police obtained MLC Ex.PM of the deceased from Zonal Hospital, Solan. The statement Ex.PA of complainant was recorded under Section 154 Cr.P.C. and FIR Ex.PR was registered at Police Station, Kasauli. The post -mortem report Ex. PU was obtained. The Investigating Officer recovered aluminium tube containing poisonous tablets vide memo Ex.PE. The contents of vomits of deceased Shalini were also lifted from the spot vide memo Ex.PF for chemical test. The mobile phone of complainant bearing No. 94181 -08955 was taken into possession so also mobile phone bearing No. 98161 -62692 from which SMS was sent to the complainant. The chemical reports Ex. PZ1 to Ex.PZ4 were obtained, which disclosd viscera of the deceased contained aluminium phosphide.