STATE OF H P Vs. ROSHAN LAL

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under section 378 (3) of Code of Criminal procedure in reference to the judgment dated 30.4.2007 passed by learned Sessions Judge, Kullu, District Kullu, HP in Sessions Trial No. 84/05 thereby acquitting the respondents / accused for the offence under Section 306 of Indian Penal Code in reference to FIR NO. 117/2005 dated 14.3.2005.

(2.) THE prosecution case is that Smt. Teela Devi, victim- deceased was married to the accused and after about 3-4 months of her marriage, victim had been complaining about torturing and maltreatment in the hands of her husband. On 13.3.2005 at about 2.30 PM, one Thakur Dutt visited the house of Lot Ram (PW-1), i.e. father of the victim/deceased informing him that his daughter was having serious abdomen pain and on hearing such information, PW-1 reached to the spot and had seen the dead body of the victim-deceased. Complaint was lodged and FIR was recorded. After investigation, accused was charged for the aforesaid offence.

(3.) (PW-1) Lot Ram, father of the victim-deceased, stated that after marriage victim-deceased used to come to his house off and on and had been complaining that her husband in a drunken state was abusing and maltreating her and was asking the victim- deceased as to what her husband had given in the marriage. Whereas, (PW-1), while deposing in the Court has stated that her victim-deceased daughter was kidnapped/abducted by the accused and the marriage was solemnized and after marriage, victim- deceased was residing with her husband and whenever she visited to the house of PW-1, she used to tell that the accused was not treating her nicely and on 13.3.2005, on the information of one Thakur Dass, PW-1 visited the matrimonial house of victim- deceased and after reaching to the place of occurrence, noticed that the victim-deceased was found lying dead in the upper storey of the house and since PW-1 was nervous due to shock, could not recognize as to who were persons assembled there on the spot. PW-1 has also stated in cross examination that the victim-deceased was being tortured on the pretext of dowry. Surprisingly, mother of the victim-deceased was not examined.