STATE OF HIMACHAL PRADESH Vs. SUDHIR KUMAR

JUDGEMENT

(1.) FOR an offence, which is alleged to have been committed on 8.2.1999, accused were put to trial. In terms of judgment dated 17.4.2003 passed by learned Additional Sessions Judge, Una (H.P.), in Sessions trial No. 56 -I -2K titled as State of H.P. vs. Sudhir Kumar and another, the accused stand acquitted of the charged offence.

(2.) IT is the case of the prosecution that on 9.2.1999 a message was received in the Police Station, Una that a lady had committed suicide by hanging herself at Village Charatgarh. SHO Krishan Singh (PW -16) rushed to the spot. He found that the dead body of a lady lying on the floor of her bedroom. The same had been removed from the fan. Pieces of rope were lying loose near the body. It was identified to be that of Smt. Sharda Devi, who used to reside in the house alongwith her three children. PW -16 found Smt. Nisha Devi (PW -6), Devrani (elder brother's wife) of the deceased to be present on the spot, who got her statement (Ext.PW -1/A) recorded, which was sent to Police Station, Una, where Nikka Ram (PW -1) registered FIR No.89/2009 (Ext.PW -1/B) dated 9.2.1999. SHO Krishan Singh (PW -16) commenced investigation. On his asking Suresh Kumar (PW -10) took photographs (Ext.P -2 to Ext.P -5). Inquest report (Ext.PW -16/A) and spot map (Ext.PW -16/B) were prepared. Two pieces of rope (Ext.P -1) were taken into possession vide memo (Ext.PW -6/A). Dead body was sent for postmortem. Dr. Gian Inder (PW -5) conducted post -mortem and gave his reports (Ext.PW -5/B and Ext.PW -5/C). Statements of some of the witnesses were recorded by him. Matter was partly investigated by ASI Ranjit Singh (PW -12) who also recorded statements of some of the witnesses. Report of Forensic Laboratory (Ext.PW -5/C) was obtained.

(3.) WITH the completion of investigation, challan was presented in the Court for trial. Accused were charged for having committed offences punishable under Section 306 read with Section 34, IPC.