STATE OF HIMACHAL PRADESH Vs. SOMA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.11.2007 passed by learned Addl. Sessions Judge (I) Kangra at Dharamshala, H.P., in Sessions Case No. 19-G/06/05, whereby accused persons, who were charged with and tried for offences punishable under Sections 498A and 306 read with Section 34 IPC were acquitted.

(2.) The case of the prosecution, in a nutshell, is that one Smt. Bimla Devi alias Banita Devi was daughter of Piar Singh. She was married with Baldev Singh about five years before the occurrence. After two months of marriage, the accused Baldev started harassing the deceased on petty matters. Thereafter, Bidhi Chand and Soma Devi being father-in-law and mother-in-law, also started harassing Bimla Devi. They used to taunt her that her husband was not earning anything and that she was also burden on them. PW2, Des Raj, complainant, visited house of the accused persons and requested not to harass Bimla Devi. Thereafter, the deceased telephonically informed them after two months that she was still being harassed by the accused persons. She used to narrate about the incident to her mother, her sister and her brother as and when she used to come to attend social functions. Bimla Devi had visited her parental house on 9.7.2004 and at that time she had complained about harassment being meted out to her by the accused persons. She consumed poison on 15.7.2004. The brotherin- law of the deceased and son of the accused Bidhi Chand reported the matter to the police at Police Post Nagrota Surian on 16.7.2004 vide Rapat No.5, Ext. PW8/A. ASI Jasbinder Singh and other police officials of police Post Nagrota Surian visited the spot. The complainant, Des Raj, was informed during the intervening night of 15/16.7.2004 about the death of Bimla Devi on telephone. The police took photographs of the dead body vide Ext. PW9/A to Ext. PW9/D. The inquest papers of dead body, Ext.PW12/A and Ext.PW12/B were prepared and thereafter dead body was sent for postmortem. The complainant gave his statement Ext.PW2/A, on the basis of which, FIR Ext. PW10/A was registered. The police arrested the accused persons. During the course of investigation, accused Baldev Singh made a disclosure statement, Ext.PW5/A under Section 27 of the Indian Evidence Act to the police, on the basis of which bottle of poison was recovered vide memo Ext.PW6/A. Report from the Assistant Director, FSL Junga was received vide Ext.PX. The Medical Officer gave his final opinion on 11.10.2004 vide Ext.PW1/C. According to his final opinion, the deceased died due to shock caused by organo phosphorous pesticide memocrotphos.

(3.) The investigation was completed and the challan was filed in the Court after completing all codal formalities.