STATE OF HIMACHAL PRADESH Vs. PARSHOTAM LAL, SON OF SHRI CHUNI LAL, RESIDENT OF VILLAGE CHUHARPUR, P.O. INDORA, DISTT. KANGRA, H.P.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment, dated 20th September, 2004, delivered by the learned Additional Sessions Judge (Fast Track Court), Kangra at Dharamshala, in Sessions Trial No. 29/04, whereby he acquitted the accused of having committed offences punishable under Sections 498A and 306 of the Indian Penal Code. The undisputed facts are that about ten years prior to the occurrence taking place, the deceased, Radha Devi @ Gudu had got married to accused Parshotam Lal. Two boys, Gaurav aged 8 years and Rohit aged 6th years were born out of this wedlock. It is also not disputed that on 6th August, 2001, the deceased Radha Devi died due to consumption of poison.

(2.) THE prosecution story, which is primarily based on the complaint on PW -1, Parkash Chand, father of the deceased, is that right from the beginning, after the marriage took place, the accused had been harassing and ill -treating the deceased. It is also alleged that the accused had asked the deceased to get money from her parents for construction of a house. According to the complainant, after he retired from GREF, he gave a sum of Rs. 40,000/ - to his daughter, Radha Devi, for the construction of a house. But, despite this fact, the accused continued to harass and ill -treat his daughter. On 4th August, 2001, on Raksha Bandhan day, the deceased came to her parental house and again complained that her husband was demanding more money and treating her with cruelty. The complainant pacified his daughter and assured that he would give her money later on. The deceased returned to her matrimonial house the next day, i.e. 5th August, 2001. On 6 August, 2001, the complainant was informed by Sawarn Singh, brother of the accused, that Radha Devi had expired. According to the complainant, Radha Devi had consumed poison due to the cruelty meted out to her by the accused. He thereafter lodged the complaint with the police, the same evening and on the basis of the complaint, FIR, Ext. PW1/A was lodged in Police Station Indora at 11.40 p.m. on 6th August, 2001.

(3.) AFTER the complaint was lodged, post -mortem of the body of deceased was conducted. According to the Chemical Examiner Report, Ext. PA, phosphide poison was found in the intestines, stomach and other parts of the body of the deceased and on the basis of the report, it was opined that the deceased died due to consumption of phosphide poison. Therefore, it would not be unreasonable to assume that the deceased committed suicide.