RAGHUBIR ALIAS CHHOTU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against judgment dated 15/18.03.2005 passed by learned Additional Sessions Judge, Ghumarwin, District Bilaspur, in Sessions Trial No.22-7 of 2004/2003 convicting the appellant on 15.03.2005 under Sections 498-A, 306 IPC and sentencing the appellant on 18.03.2005 to undergo rigours imprisonment for one year and fine Rs. 2,000/- for offence punishable under Section 498-A IPC, three years rigours imprisonment and fine Rs. 2,000/- for offence punishable under Section 306 IPC with further observation that sentence of imprisonment on both counts shall run concurrently.

(2.) The prosecution case, in brief, is that deceased Manju was married to appellant on 04.12.1999, deceased was residing with appellant. On 13.04.2002, Manju had consumed poison, appellant took her from Aradhkawari to Thakur Nursing Home, Badsar, for treatment. The appellant while on his way to Badsar informed Smt. Asha Devi mother of Manju about consumption of poison by Manju. Smt. Asha Devi PW-5, Siri Ram PW-2, Smt. Bimla Devi and Bishan Dass PW-3 accompanied appellant in the same vehicle to Thakur Nursing Home, Badsar.

(3.) The prosecution further case is that at about 9.15 p.m., Manju made a statement Ex. PA to PW-1 Dr. Mohinder Singh of Thakur Nursing Home, Badsar, that appellant had been harassing her, therefore, she had consumed three tablets of poison. Manju while making statement became unconscious and died at about 9.30 p.m. PW-1 informed the police at about 10.20 p.m. on telephone that Manju was brought to his clinic as a poisoning case and she had died.