STATE OF HIMACHAL PRADESH Vs. RAM DITTU

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 4.8.2005, accused was put to trial. In terms of Whether reports of Local Papers may be allowed to see the judgment? judgment dated 6.3.2007, passed by the Addl. Sessions Judge, Fast Track Court, Solan, District Solan, H.P., in Case No. 9FTC/7 of 2006, titled as State of Himachal Pradesh versus Ram Dittu, accused stands acquitted of the charged offence.

(2.) IT is the case of prosecution that deceased Smt. Nisha Devi, daughter of Sh. Jagat Ram (PW-1), was married to accused Ram Dittu. Accused was residing in village Kunkunu, tehsil Arki, District Solan, H.P. Two children from the wed lock were born. Allegedly, accused started physically assaulting the deceased since the time of his marriage. Deceased brought this fact to the notice of her relatives, that is, father Sh. Jagat Ram (PW-1) and uncle Sh. Tulsi Ram (PW-2). In the year 1996, matter was also brought to the notice of Sanyari Mor Panchayat, where meeting was convened and all the members of the panchayat advised the accused to improve his conduct. Despite his assurance, accused continued to physically assault the deceased. In the month of August, 2005, when the accused again gave beatings to the deceased, she returned to her parental house. However, on the assurances of one Sh. Ramesh and his wife, both relatives of the accused, that they take responsibility with regard to the conduct of the accused, deceased returned to her matrimonial house. Later, on 4.8.2005 deceased consumed poison. She was taken to the Primary Health Centre Darlaghat, where she was administered medical treatment and despite best possible efforts could not survive. The matter was brought to the notice of the police and entry in the roj namcha (Ext. PW 5/B) dated 4.8.2005 was made. Post mortem of the dead body was conducted at the Civil Hospital Arki, District Solan and report (Ext. PX-13) taken on record by the police. After perusal of the report of the Forensic Science Laboratory Junga (Ext. P-Z), the Doctor, in the Post Mortem Report, opined that the deceased had died due to paralysis of respiratory muscle leading to respiratory arrest and there were signs of organochloro poisoning in the body. The dead body was handed over to the relatives of the deceased which was later on cremated by the accused. Subsequently on 20.8.2005 Sh. Jagat Ram (PW-1) lodged F.I.R. at Police Station, Darlaghat against the accused. The said F.I.R No. 105/2005 (Ext. PW 1/A) dated 20.8.2005 was registered against the accused for having committed an offence punishable under Section 306 IPC. The matter was investigated by ASI Shankar Singh (PW-7) and with the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to establish its case, in all prosecution examined seven witnesses and statement of the accused under Section 313 Code of Criminal Procedure was also recorded.