STATE OF HIMACHAL PRADESH Vs. RAM CHAND

JUDGEMENT

(1.) THIS is an appeal filed by State of Himachal Pradesh under Section 378 of the Cr.P.C. against the judgment of the court of learned Additional Sessions Judge, Una, H.P., dated 30.7.2003, vide which the respondents were acquitted of the charge framed against them under Sections 306 & 498 -A read with Section 34 IPC.

(2.) BRIEFLY stated, the facts of the case are that on 20.8.1999, a report was lodged with the police by complainant PW -1 Parkash Chand that his younger sister Sudesh Kumari, aged about 24 years, was married with Ram Chand, respondent, on 9.3.1996. Two sons were born from this wedlock. After one year, his sister started complaining to him that her in -laws harass her and her husband Ram Chand also gives her beatings. In the month of July, 1999, on 27th/28th, his sister came to their house and told that she has been turned out by her husband after giving beatings and had kept the children with him. She apprehended a threat to her life from her in -laws. She also told him that her husband was not doing any work, troubles her by depriving her of the basic necessities and also suspects about her character. Her mother -in -law Satya Devi, respondent, also claims that she had illicit relations with her father -in -law and that they had not given sufficient articles in dowry. His sister remained in their house for about 12/13 days and then her husband Ram Chand came and stated that he would not take her and if she is interested, she should come herself. On the next day, Sudesh Kumari was sent alongwith the son of the complainant PW -4 Gurdial Singh. Yesterday, at about 9.00 a.m., respondent Ram Chand came to their house and told them that Sudesh Kumari was missing since morning and they searched for her and her dead body was found at Gorakhpur.

(3.) WE have heard Mr. Rajesh Mandhotra, learned Deputy Advocate General for the appellant and Mr. N.K. Thakur, learned Senior Advocate for the respondents, and have gone through the record of the case.