STATE OF HIMACHAL PRADESH Vs. DAYA RAM

JUDGEMENT

(1.) The respondents were charge-sheeted, tried and acquitted for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code for alleged murder of Bhuteshwar (deceased). Their acquittal has been challenged by the State in the present appeal.

(2.) In short, the prosecution story can be summed up thus. PW2 Saran had three daughters and two sons, namely Puran Chand and deceased Bhuteshwar. About 12 years back, he was married to PW6 Shanta Devi daughter of respondents Daya Ram and Hima Devi and sister of accused Nagnu Ram, hereinafter referred to as "the accused persons". During this wedlock, four daughters were born. It is alleged that there had been intermittent squabbles between Shanta Devi and deceased Bhuteshwar, but the disputes were smothered.

(3.) After completing investigation, the challan was presented in the Court for the trial of the accused persons. Finding a prima-facie case against them for the aforesaid offence, they were accordingly charge-sheeted to which they pleaded not guilty and claimed trial.