STATE OF HIMACHAL PRADESH Vs. OM PARKASH

JUDGEMENT

(1.) State has come in appeal against the judgment, dated 27.12.2007, passed by the learned Presiding Officer, Fast Track Court, Hamirpur, H.P. in Sessions Trial No. 5 of 2007, whereby the respondent, who was charged with and tried for offence punishable under Section 306/34 of the Indian Penal Code, has been acquitted.

(2.) Case of the prosecution, in a nut-shell, is that on 13.03.2006 at about 7:15 p.m., Smt. Manju Sharma, wife of Surender Sharma, r/o Village Haur, reported to Police Post Jahu through telephone that the accused Krishan Dutt (now deceased) was beating his daughter Meena Kumari (deceased) alongwith accused Om Parkash. Police reached the spot. Meena Kumari (deceased) was taken to C.H.C., Baldwara. She was not in a position to make any statement. She was declared dead at about 8:15 p.m. On the intervening night of 13.03.2006 and 14.03.2006, HC Raj Kumar recorded the statement of complainant, Shri Sukh Dev, son of Shri Hardayal, r/o Ridi, being the maternal uncle of deceased Meena Kumari, under Section 154, Cr. P.C., Ex.-PW1/A. It was reported that the complainant was the maternal uncle of the deceased and his sister Smt. Bimla Devi, the mother of the deceased, has expired a few years back. The brother of the deceased, Shri Sunil Kumar was serving at Ludhiana and accused Krishan Dutt and the deceased were living in the house. The deceased was student of 10+2 class. Whenever she used to come to his house, he used to provide necessary expenses and clothes to the deceased. She also used to complain to him that accused Krishan Dutt was not providing her necessary expenses and whenever she demanded the expenses, he used to give beatings to her. According to him, on 13.03.2006 at about 8:30 p.m., he was informed by his sister Smt. Thakuri Devi that the deceased has consumed poisonous substance and was taken to Baldwara hospital. During investigation, the photographs of the dead body Ex. PW-11/B to Ex.-PW11/D were taken at C.H.C. Baldwara by HC Raj Kumar. The site plan, Ex.-PW12/E was prepared. The police also recovered one tin containing insecticide for agriculture use and six potlies vide recovery memo, Ex.-PW2/A. The viscera was sent to F.S.L., Junga for chemical examination. The report of the F.S.L., Junga, Ex.-PW6/C was obtained. According to the final opinion of the Medical Officer Ex.-PW6/D, the deceased died due to poisoning (Aluminium phosphide and organo phosphorous poisoning). The challan was put up after investigation of the case.

(3.) The prosecution has examined a number of witnesses. The accused was also examined under Section 313 of the Criminal Procedure Code. According to him, he was falsely implicated. Learned trial Court acquitted the respondent on 27.12.2007. Hence, this appeal.