STATE OF HIMACHAL PRADESH Vs. JAGJEET SINGH

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure against the judgment dated 5.12.2006, passed in Sessions trial No. 21 of 2005 by Presiding Officer, Fast Track Court, Hamirpur (H.P.), acquitting the respondent-accused for the offence punishable under Section 498-A/306 of the Indian Penal Code.

(2.) THE prosecution case, in brief, is that victim Smt. Meena Kumari was married to accused Jagjeet Singh, a Driver by profession who used to live alone and despite insistence, victim/deceased/ Smt. Meena Kumari was not being taken to the place of his employment. Even for such insistence, she was beaten by the accused. She disappeared on 12.8.2003 and report to this effect was lodged on 14.8.2003 by the accused and on 26.8.2003 one Shri Lekh Raj observed the dead body of victim and accordingly F.I.R. was lodged on 26.8.2003. After investigation, Challan was filed in the Court and the respondent-accused was charged for the aforesaid offence.

(3.) ON scrutiny of the prosecution witnesses, we noticed that PW-1 Smt. Hoshiari Devi, the mother of the victim has stated that whenever victim was coming to her house, she used to tell that despite her request accused was not taking her to the place of his employment. Accused used to beat the victim only for her insistence for accompanying the accused to the place of working. As such, PW-1 alongwith father of the victim went to Police Station on 14.8.2003 and police recorded statement of the father of the victim. However, PW-1 was not aware whether her husband made a statement before the police that the accused did not harass or torture deceased in any manner.