STATE OF HIMACHAL PRADESH Vs. JEET SINGH

JUDGEMENT

(1.) STATE has filed this appeal against the judgment, dated 27.12.2007, rendered by the learned Additional Sessions Judge (1), Kangra at Dharamshala, H.P., in Sessions Case No. 46 -J/06, whereby the respondents, who were charged with and tried for offences punishable under Sections 498 -A, 306 read with Section 34 of the Indian Penal Code, have been acquitted. One Milkhi Ram, who was also accused in the case, has died during the pendency of the trial. Case of the prosecution, in a nut -shell, is that on 05.07.2003 at about 11 a.m., complainant i.e. PW -1 Piare Lal came to know about the death of his daughter Babli. He visited Jawali hospital. He reported the matter to the police vide statement Ex. PW1/A. On the basis of statement Ex. - PW1/A, the FIR was registered vide Ex. -PW10/A. The matter was investigated by the police. Photographs of the body of the deceased were taken. The inquest papers of the deceased Ex. -PW15/G and Ex. PW15/H were prepared. The dead body was sent for post mortem examination. The post mortem was conducted by PW -7, Dr. B.M. Gupta. The post mortem report is Ex. -PW7/A. The site plan was also prepared. The viscera of the deceased alongwith her blood sample was sent for chemical examination. The report of FSL, Junga is Ex. -PA. The challan was put up after completion of all the codal formalities.

(2.) THE prosecution has examined 15 PWs to prove the case. The accused were also examined under Section 313 of the Criminal Procedure Code. They have denied all the prosecution allegations and pleaded innocence. The trial Court acquitted the respondents -accused on 27.12.2007. Hence this appeal.

(3.) MR . Himmat Negi, learned counsel for the respondents has supported the judgment of acquittal, dated 27.12.2007.