STATE OF H. P. Vs. RATTAN LAL

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.05.2004, passed by the learned Presiding Officer, Fast Track Court, Mandi, District Mandi, H.P. in Sessions Trial No. 1/98, 38/2004, whereby the respondents, who were charged with and tried for offence punishable under Sections 302 and 498 -A read with 34 of the Indian Penal Code, have been acquitted.

(2.) Case of the prosecution, in a net -shell, is that Smt. Meena Devi, D/o Sh. Chandermani (PW -2) and Smt. Hardei (PW ­4), was married with accused Rattan Lal on 15.02.1996. She started living in her matrimonial house alongwith the accused. Smt. Meena Devi, for the first time in the month of June/July, 1996, told her father (PW -2) that the accused were making illegal demand of dowry as they were demanding Godrej Almirah, Coloured T.V. and Washing Machine etc. Thereafter, the accused started maltreating and harassing Smt. Meena Devi to force her to meet their illegal demand of dowry. This fact was also disclosed by her to her mother Hardei (PW -4), uncle Jeevan Verma (PW -8) and Ravi Verma (PW -15).

(3.) On 10.07.1996, PW -2, Sh. Chandermani received an information through the police that Smt. Meena Devi had received burn injuries on 09.07.1996 and she has been admitted in Chatrokhari, Civil Hospital, Sundernagar. Thereafter, PW -2 alongwith one Rewati Lal went to Civil Hospital, Sundernagar. His daughter was not there. He was told that she has been taken either to Shimla or to the house of her in -laws. Thereafter, PW -2 got his statement recorded vide Ex. PW -2/A, on the basis of which, an F.I.R. Ex. PW -12/A was recorded by PW -12, Sh. Narain Singh. The Medical Officer, Sh. Ramesh Gupta telephonically informed the police, on the basis of which, rap at Ex. PW - 11/A was entered in the daily diary by PW - 11, Sh. Bhed Singh. Thereafter, PW - 11, Sh. Bhed Singh moved an application Ex. PW -1 1/B for recording the statement of Smt. Meena Devi, but she was declared unfit to give statement at 9:00 p.m. PW ­11 again inquired from the doctor and the doctor opined that the patient was conscious to verbal commands. Thereafter, PW - 11 recorded the statement of Smt. Meena Devi, Ex. PW -1 1/C in the presence of PW -18, Dr. Hari Priya. The statement was thumb marked by Smt. Meena Devi and attested by PW -18. The medical examination of Smt. Meena Devi was got conducted by PW -19, Dr. Arun Kumar Mishra. He issued M.L.C. Ex. PW -19/A, according to which, Smt. Meena Devi has suffered burn injuries to the extent of 92%, which were grievous in nature. Thereafter, Meena Devi was referred to I.G.M.C., Shimla. PW -2 came to know about the same from accused Tara Devi. Thereafter, PW -2 alongwith PW -4, Smt. Hardei and Rewati Lal went to Shimla. They found Smt. Meena Devi in serious condition.