STATE OF HIMACHAL PRADESH Vs. PURAN CHAND @ GUDDU

JUDGEMENT

(1.) This appeal by the State is directed against the judgment, dated 19.10.2005, passed by the learned Sessions Judge, Mandi, H.P. in Sessions Trial No. 15 of 2002, whereby the respondents, who were charged with and tried for offence punishable under Sections 498-A, 302 and 201 read with Section 34 of the Indian Penal Code, have been acquitted.

(2.) Case of the prosecution, in a nut-shell, is that Uttam Chand (PW-1), father of deceased Dhuma Devi, has lodged an F.I.R. Ex.-PA. According to the contents of the F.I.R., his daughter was married with accused Puran Chand about 4/5 years back in accordance with Hindu custom and ceremonies. After one year of the marriage, both the accused started maltreating Smt. Dhuma Devi on petty matters. As and when, Dhuma Devi was visiting her parental house, she was complaining about the maltreatment meted to her by the accused. Uttam Chand (PW-1) tried to prevail upon accused Puran Chand not to maltreat Dhuma Devi. However, accused did not change his attitude. On 30.11.2001, at about 9:00 p.m., Kuldip, cousin of complainant Uttam Chand (PW-1), informed him that Dhuma Devi has received burn injuries. He took his younger brother Jiwa Nand with him and went to the house of accused. He found the dead body of his daughter lying in the upper storey in the kitchen of the house of the accused. He enquired from Tara Devi accused about the cause of death, who feigned ignorance about the incident. Puran Chand was also there and on seeing the dead body of his daughter in burnt condition, Uttam Chand (PW-1) became suspicious about the conduct of the accused. He suspected that either his daughter has committed suicide or was murdered by the accused. Shri K.D. Sharma, Inspector/SHO (PW-16) investigated the matter. He visited the spot on 01.12.2001. He took into possession the plastic bottle, Ex.-P13, kerosene oil bottle Ex.-P14 and burnt clothes packet Ex.-P15 vide seizure memo Ex.-PD in the presence of Uttam Chand (PW-1) and Kamal Raj. He prepared the inquest reports Ex.-PD and Ex.-PE. He also prepared the site plan Ex.-PL. The post mortem was conducted by Dr. J.N. Chauhan (PW-15) on 01.12.2001. According to his final opinion, the deceased died due to asphyxia, but the nature of injuries could not be well defined. The police also moved an application Ex.-PJ for clarification of certain points. The doctor gave his reply vide Ex.-PK, according to which, the death was caused by smothering and strangulation. The police put up the challan after completing all the codal formalities.

(3.) The prosecution has examined 16 witnesses to prove its case. The accused were also examined under Section 313 of the Criminal Procedure Code. The accused have denied most of the circumstances. Both of them have stated that the deceased was psychotic. The learned trial Court acquitted the accused on 19.10.2005. Hence, this appeal by the State.