STATE OF HIMACHAL PRADESH Vs. KULDIP CHAND

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Hamirpur, dated 30.6.2003, vide which he acquitted the respondent of the charge framed against him under Sections 306 and 498 -A I.P.C.

(2.) BRIEFLY stated, the facts of the case are that on 27.8.1998, at 7.45 P.M., a telephonic message was received by Medical Officer, CHC Barsar, that one woman has been brought to the CHC for treatment, who has taken some poisonous substance. On this report, a rapat No. 19 was registered by the S.H.O. and he proceeded to the CHC for inquiry. He filed an application Ext. PW5/B to the police at 8.00 P.M., as to whether the patient was fit to make statement. The Medical Officer gave his opinion Ext. PW5/C that the patient was not fit to make the statement. He came back to the Police Station. On 29.8.1998, he was informed by the Medical Officer about the death of the patient. He went to the hospital and recorded statement of Mehar Singh, brother of deceased Sureshna Devi. In the statement he had alleged that his younger sister Sureshna was married in the year 1995 to Kuldip Chand, respondent and the dowry was given as per his competence. It was alleged that even after three years of marriage, no child was born and for this reason, his brother -in -law, Kulpdip Chand used to give beatings to his sister, who used to inform him. On 26.8.1998, his sister had come to their house to take grass and respondent Kuldip Chand followed her as to why she had come without his permission and gave her beatings. She was rescued by his wife Asha Kumari and his brother's wife Meena Devi. Respondent Kuldip Chand came back and they also sent his sister Sureshna. On 27.8.1998, he learned from his wife Asha kumari and his brother's wife Meena Devi that Sureshna has been given beatings and has been taken to hospital. He went to Barsar where Sureshna was being treated in the private Clinic by respondent Kuldip Chand. He enquired from Sureshna and learnt that when she came back to her in -laws yesterday, she was again given beatings and as well as on the morning of 27.8.1998. She took some poisonous substance because of the beatings given by her husband. He took his sister to CHC Barsar, who died there on 29.8.1998. On this report, a case was registered and after investigation, police filed the challan before the Court of learned Additional Chief Judicial Magistrate, Barsar, District Hamirpur, who committed the case to the Court of learned Sessions Judge, who tried the respondent as detailed above, leading to his acquittal.

(3.) ON appraisal of the record of the case, it is clear that the prosecution had examined 13 witnesses to substantiate its case. The most material statements can be said to be that of the complainant Mehar Chand, brother of the deceased, relatives and other witnesses.