STATE OF HIMACHAL PRADESH Vs. DEEPAK KUMAR, S/O VARINDER KUMAR, CASTE KHATRI AND SMT. RAJESHWARI DEVI, WIFE OF VARINDER KUMAR, CASTE KHATRI

JUDGEMENT

(1.) STATE has come in appeal against the judgment dated 18.11.2004, passed by the learned Presiding Officer (Additional Sessions Judge), Fast Track Court, Kangra at Dharamshala, H.P. in Sessions Trial No. 57 of 2003, whereby the respondents, who were charged with and tried for offence punishable under Sections 304 -B and 498 -A/34 of the Indian Penal Code, have been acquitted.

(2.) CASE of the prosecution, in a nut -shell, is that on 25.08.2000, Amar Singh (PW -2) made a report at the Police Station, Nurpur, stating therein that he has two daughters and one of his daughters, namely, Viney Koundal was married to Deepak Kumar on 23.04.2000. She was working as Lecturer on contract basis in Senior Secondary School, Bhadwar. The services of his daughter were terminated on 17.05.2000. Thereafter, his daughter was being harassed and his son -in -law had been taunting his daughter that since her services had been terminated, therefore, he will seek divorce from her. She was getting salary of Rs.6,000/ - and the same was paid to her in -laws. His daughter came to his house on 15.08.2000. He had gone to his school at 8:00 a.m. and came back at 2:00 p.m.. His wife Savitri Devi made a noise Bachao -Bachao at about 2:30 p.m. and thereafter, he ran towards the room of his daughter. He saw that his daughter had hanged herself with the ceiling fan by using her dupatta. He removed the knot of the dupatta from the ceiling fan and also removed the knot of dupatta from the neck of his daughter. According to Amar Singh, the mother -in -law of Vinay Koundal, Rajeshwari Devi, had also been harassing his daughter.

(3.) THE matter was investigated and after completing all the codal formalities, challan was put up before the Court. The statements of the accused were also recorded under Section 313 of the Code of Criminal Procedure. They have taken the plea of total denial. They have also examined DW -1 and DW -2. Learned trial Court acquitted the respondents vide judgment dated 18.11.2004. Hence, this appeal by the State.