STATE OF HIMACHAL PRADESH Vs. MEHAR CHAND

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed during the period from 1999 till 2002 and on 10.3.2002 accused were put to trial. In terms of judgment dated 26.2.2005, passed by the Presiding Officer, (Addl. Sessions Judge), Fast Track Court, Kangra at Dharamshala, H.P. in S.T. No. 39/04, titled as State of Himachal Pradesh versus Mehar Chand and others, accused stand acquitted of the charged offences.

(2.) IT is the case of prosecution that Smt. Meera Devi daughter of Smt. Shakuntla Devi (PW -2) and Sh. Jagdish Chand (PW -4) was married to Mehar Chand (accused No. 1). Marriage was solemnized in the year 1999. Smt. Meera Devi was staying in the matrimonial house along with other co -accused namely Mohinder Singh (accused No. 2), Smt. Kanchna Devi (accused No. 3), Smt. Brahmi Devi (accused No. 4) and Kishori Lal (accused No. 5). On 10.3.2002 Sh. Amar Singh (PW -3) neighbour of PW -2 and PW -4 received a telephonic call from accused No. 1 Mehar Chand and was told that Smt. Meera Devi had left the matrimonial house and her parents be asked to take away her minor daughter along with dowry articles lying in the matrimonial house. Accordingly, PW ­3 informed parents of Smt. Meera Devi about the same. They searched for their daughter but in vain, as such, a missing report was lodged with the Police Station Lamba Gaon on 12.3.2002 (Ext. PW 10/A). Police also searched for Smt. Meera Devi who could not be traced anywhere. On 22.4.2002 a telephonic message was received from Pradhan Gram Panchayat, Kosari that dead body of Smt. Meera Devi was found hanging from a tree in the jungle near Jamuni -Da -Nalla. Allegedly, accused No. 1 gave information about the same. Police reached on the spot and found the dead body in a state of skeleton which was lying hanging from a tree with a rope. Necessary proceedings were conducted on the spot and skeleton form of the body was sent for post mortem. Police recorded statement (Ext. PW 2/A) of Smt. Shakuntla Devi (PW -2) under Section 154 Cr. P.C. on the basis of which F.I.R. No. 21/2002, dated 23.4.2002 (Ext. PW 11/A) under Sections 498 -A and 306 read with Section 34 IPC was registered with Police Station Lamba Gaon. Post mortem was got conducted through Dr. Nirdosh Gupta (PW -1) and post mortem report (Ext. PW 1/B) obtained by the police. Investigation revealed that on 10.3.2002, accused gave beatings to deceased Smt. Meera Devi which forced her to leave her house and commit suicide. With the completion of investigation challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined as many as 13 witnesses and statements of the accused under Section 313 Criminal Procedure Code, 1973 were also recorded.