STATE OF HIMACHAL PRADESH Vs. SURESH KUMAR

JUDGEMENT

(1.) The State has challenged the acquittal of the respondent for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, passed in Sessions trial No. 12-S/7 of 2005, dated 5.3.2007.

(2.) Pw1 Hans Raj is the brother of PW3 Vidya Devi who is one of the seven sisters working in a factory at Baddi. The respondent, hereinafter referred as the "accused" was the God-Brother of Vidya Devi. In the year 2005, he was working as a Patwari in the State Revenue Department. On 28.4.2005, Vidya Devi had performed Courtmarriage with Ramesh Kumar (deceased), a cloth merchant of village Panjgain, District Bilaspur and started residing with him.

(3.) It is alleged that the accused was having illicit relations with Vidya Devi aforesaid but to avoid any suspicion in the society he represented himself to be her God-Brother. The accused had been playing a dominant role in the family of PW1 Hans Raj in all domestic matters. Since Vidya Devi did not consult him while marrying Ramesh Kumar and he was not happy with this marriage, thus on 30.4.2005 he proclaimed that he would render her widow. This threatening was also allegedly given to the deceased on his telephone on 1.5.2005 and he also visited village Panjgain.