STATE OF HIMACHAL PRADESH Vs. ANIL KUMAR

JUDGEMENT

(1.) For an offence, which is alleged to have been committed on 8.2.2003 accused were put to trial. In terms of judgment dated 17.9.2004, passed by the ld. Sessions Judge, Kangra at Dharmshala, H.P. in Sessions Case No. 38-B/VII/2003, Sessions Trial No. 12 of 2004, titled as State versus Anil Kumar and another, accused stand acquitted of the charged offences.

(2.) It is the case of prosecution that Smt. Kiran Devi (deceased) daughter of Smt. Charjo Devi (PW-3) and Sh. Milap Chand (PW-5) was married to Anil Kumar (accused No. 1) who was serving in the Indian Army. Through the wed lock two children were born. Deceased used to stay in the village, the matrimonial home, along with her mother-in-law Smt. Kamla Devi (accused No. 2). Marriage went on smoothly for about one year but thereafter accused started maltreating the deceased for having brought insufficient dowry. Accused made demands of scooter, sofa-set and colour television, etc. They also gave beatings to the deceased. Sh. Milap Chand (PW-5) requested Sh. Kuldip Kumar, who mediated in solemnization of the marriage, to intervene. Accordingly Sh. Kuldip Kumar along with brothers of the deceased, i.e., Sh. Pardeep Chand (PW-4) and Sh. Kuldeep Chand went to the house of the accused for mediation when accused promised not to maltreat the deceased. On 5.2.2003 Sh. Ravinder Kumar, brother of accused No. 1 was to be married and to attend the marriage ceremony PW-3, PW-4 and PW- 5 went to the house of the accused and stayed there for three days. During the marriage ceremony certain dowry articles gifted by the in-laws of groom Sh. Ravinder Kumar were displayed. At that time accused taunted the deceased about the same which prompted the deceased to consume poison on 8.2.2003. The accused immediately took the deceased to the hospital where she was examined by Dr. A. K. Maini (PW-2) who issued MLC (Ext. PW 2/A). However, at about 9.55 p.m. Smt. Kiran Devi died. Matter was reported to the police and entry in Roznamcha (Ext. PW 6/A) made. SI-Om Parkash (PW-12) proceeded to the hospital and recorded statement (Ext. PW 3/A) of Smt. Charjo Devi (PW-3) which was sent to the Police Station, Baijnath on the basis of which formal F.I.R. No. 14/2003, dated 8.2.2003 (Ext. PW 9/A) under Sections 498-A, 306 read with Section 34 IPC was registered. Post mortem was got conducted through Dr. R. K. Ahluwalia (PW-1) who issued report (Ext. PW 1/F). Report of the chemical examiner (Ext. PW 1/D) obtained and opinion of the Doctor (Ext PW 1/E) taken by the police which revealed that deceased died due to shock-secondary to phosphide poisoning. Police conducted further investigation and eventually challan was presented in the Court for trial.

(3.) The accused were charged for having committed offences punishable under Sections 498-A and 306 read with Section 34 IPC to which they did not plead guilty and claimed trial.