STATE OF H P Vs. NIRMLA DEVI

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement of the learned Sessions Judge, Kangra at Dharamshala in Sessions Case No. 44-K/VII/2002 whereby he acquitted the accused of having committed offences punishable under Sections 498-A and 306 I.P.C.

(2.) THE undisputed facts are that Reena Rani daughter of PW-4 Smt. Santosh Kumari and PW-5 Chanchal Singh was married to Jaswinder, who was serving in the army, on 26.7.1998. Jaswinder had a brother Ashok Kumar and accused Nirmla Devi is the wife of Ashok Kumar. Due to army service Jaswinder used to be posted outside his village and his wife Reena Rani was residing in her matrimonial home alongwith her father and mother-in-law and brother-in-law and his wife Nirmla Devi. Out of this wed-lock one child was born. The prosecution story is that the accused being the elder sister-in-law of Reena Rani had subjected her to cruelty and was also ill-treating her. On 10.06.2001 PW-3 received a message through her uncle that Reena Rani had called her to her house since Reena Rani and her daughter were both unwell and nobody was looking after them. PW-3 went to her sister's house and stayed with her. On 10.6.2001 when PW-3 Meena Rani was residing with her sister Reena Rani wrote a letter to their father. On the morning of 11.6.2001 the letter was to be posted through some girl and when Reena Rani wanted to hand over the letter to be posted it was found that the letter was missing. Reena Rani asked the accused if she had seen the letter to which the accused retorted that she was not the Chowkidar of the letter and thereafter she slapped Reena and pushed her. Reena fell on the cemented floor.

(3.) THE fact that Reena Devi died due to burning is not in dispute. The only question is whether she suffered the burn injuries accidentally or were they self inflicted.