BILASPUR, H.P. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellant, hereinafter referred as "the accused" is father -in -law of Savita @ Sonu deceased. He laid a challenge to his conviction and sentence passed by the learned trial Court in Sessions Trial No. 24/7 of 2010, decided on 18.10.2011, whereby he was sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.10,000/ -with default clause. ADMITTED FACTS. On 19.2.2009, Shri Rakesh Kumar son of the accused was married to deceased Savita @ Sonu, now to be referred as deceased. Said Rakesh Kumar was in private job somewhere in Delhi and the deceased used to live in her matrimonial house in village Susnal, Tehsil Ghumarwin. Deceased Savita committed suicide on 24.10.2009 by consuming Aluminium Phosphide an insecticide. Accused is a retiree from Electricity Board of Himachal Pradesh. PROSECUTION CASE

(2.) ONE Shri Ramesh a close relative of the deceased informed police telephonically that deceased - wife of Rakesh Kumar was taken to Hospital Hamirpur in a vehicle. She had died. The vehicle was standing near Petrol Pump, Bhota with her dead body. Since he entertained some doubt, the matter be enquired into. This information was recorded in the daily diary Ext.PW13/A and passed on the higher authorities. PW13 SI/SHO Prem Singh was in the Illaqa in connection with some investigation. An information was also passed on to him on his cell phone by the M.H.C.

(3.) TO prove its case, prosecution examined its witnesses. Accused was also examined under Section 313 of the Code of Criminal Procedure, with respect to the circumstances, which were found attendant upon him. He had submitted his written statement of defence Ext. DE. According to him, his house was searched by ASI Bhagat Ram on 24.10.2009 and nothing incriminating was recovered. The recovery of letters on the next date i.e. on 25.10.2009 are concocted. He was falsely implicated in this case. It is also stated that he and his son both had deposited a sum of rupees 1 lac in the name of the deceased on 6.3.2009. He appended photocopy of the receipt. PW3 Virender Kumar roped him wrongly in this case. He also relied upon the information supplied pursuant to application under RTI vide letter Ext.DF informing him that the present case was investigated by the then SI Prem Singh and ASI Bhagat Ram. Except report dated 24.10.2009 with respect to reporting back to the Police Station, no other reference was there and the challan stood already presented in the Court.