STATE OF HIMACHAL PRADESH Vs. SANJEEV SHARMA

JUDGEMENT

(1.) THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378(3) of the Code of Criminal Procedure, in reference to judgment dated 1.1.2003 passed by learned Sessions Judge, Kangra at Dharamshala in Sessions Trial No. 28 of 2001 thereby acquitting the respondents/accused for the offences under Sections 498 -A and 304 - B of the Indian Penal Code, in reference to FIR No. 292 dated 12.12.1998, Police Station, Dharamshala.

(2.) THE prosecution case, in brief, is that deceased Suman daughter of Krishna Devi (PW -7), sister of Sanjay Sharma (PW -2) and Neelam Sharma (PW -4) was married to Sanjeev/accused, brother and son of Mamta and Kamlesh Kumari accused respectively. Marriage was solemnized on 4.12.1996. For initial period of 8 -9 months, both lived comfortably. However, since July, 1997, victim went to her brother Sanjay Sharma (PW -2) at Delhi where (PW -2) was working in a private company. Accused subsequently also went to Delhi and lived there for about 10 months. Sanjeev also started working in a private company. One child was born from the wedlock of victim and the accused, who unfortunately expired after 10 -12 days after her birth. Thereafter, Sanjeev accused came to his native place along with the victim. On 10.12.1998, Sanjay Sharma (PW -2) was intimated by Neelam Sharma (PW -4), sister of victim about the death of victim. On getting such information both (PW -2) and (PW -3) Purshotam Dutt, husband of (PW -4) went to the village and intimated to the police. Dead body of the victim was sent for post -mortem examination. On postmortem examination by (PW14) Dr. Balbir, the cause of death of victim was found by asphyxia due to aspiration of gastric contents. On investigation, the accused were charged for the offences under Sections 498 -A read with Section 304 -B of IPC. During the course of investigation, two letters Exts PB to PD were seized which were produced by (PW -3) and (PW -4).

(3.) PW -1 Dr. Dev Raj, a private medical practitioner was taken on 10.12.1998 to his house by accused Sanjeev, when found Suman unwell due to vomiting. In presence of (PW -5) Raj Kapoor, diary of victim (Ex PE) under Memo Ex PH was taken into possession by the police and Surinder Kumar (PW -6) witnessed Memo Ex PL, under which letters Exts PB to Ext PD were produced by Purshotam Dutt. (PW -12) Vinod Kumar, photographer took photographs Ext P -3 and Ex P -4. The post mortem of the deceased was conducted vide post mortem report Ex PV by Dr. Balbir (PW -14), who has also handed over the belongings of the deceased in a sealed parcel to the police along with sealed parcels of viscera and blood of deceased. The case was investigated by ASI Amar Singh and SHO Inspector Kishan Chand (PW -15). PW -13 H.M. Saxena handwritings expert opined letters Ext PB to Ext PD to be written by the same person, who had written the diary Ext PE.