STATE OF HIMACHAL PRADESH Vs. JAGARNATH SON

JUDGEMENT

(1.) THIS is an appeal filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the Court of learned Additional Sessions Judge, Kangra at Dharamshala, dated 28.6.2003, vide which he acquitted the respondents of the charge framed against them under Sections 498 -A, 304 - B read with Section 34 I.P.C.

(2.) BRIEFLY stated, the facts of the case are that on 21.4.1998, at about 7.00 P.M., SHO Police Station Barsar, alongwith other officials had gone to hospital in connection with verification of rapat No. 18 where Tara Chand, complainant and father of deceased Nishu Bala, made a statement under Section 154 Cr.P.C., which was recorded by him. He alleged that he had married his daughter Nishu Bala on 9.5.1997 with respondent Jagarnath. She was living in her in -laws house in village Balam and respondent was serving in ITBP. It was alleged that when his daughter came back to the house, she used to tell him that mother -in -law Sheela Devi, respondents Jagarnath and Devar Ashok Kumar, used to maltreat her for bringing insufficient dowry. They were not provided her food and clothing also. When she purchased articles from market, she was given beatings. Her husband had come back in October, 1997, on vacation and at that time also, he had given beatings to her as to why she had purchased toffees from the market. She was being troubled for bringing insufficient dowry and that she was not doing house hold work. Today, he received a telephonic information that his daughter was ill and admitted in Barsar hospital and he went there and found that in the morning she had been maltreated by her husband and was also given beatings and she has taken some poisonous substance.

(3.) WE have heard the learned counsel for the parties and have gone through the record of the case.