RAJESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) IN this appeal filed under Section 374 of the Code of Criminal Procedure, convicts Rajesh Kumar (Accused No.1), Neelam Kumari (Accused No.2) and Parkasho Devi (Accused No.3) have assailed the judgment of conviction and sentence dated 28.05.2007, passed by learned Sessions Judge, Hamirpur, H.P., in Sessions Trial No.24 of 2006, titled as State Versus Rajesh Kumar & others, whereby appellants stand convicted for having committed an offence punishable under Section 498 -A IPC and sentenced to undergo rigorous imprisonment for a period of three years and pay fine of Whether reporters of the local papers may be allowed to see the judgment? Rs.10,000/ - each and in default thereof, further undergo rigorous imprisonment for a period of six months.

(2.) ON 27.05.2006, at about 8.30 AM S.I./SHO Jagdish Chand (PW.22) received a telephonic information that Rajesh Kumar (accused No.1) brought his wife Neena Kumari at the Primary Health Centre, Kangoo in a dead condition. Information was recorded in the DDR (Ex.PW.20/A). PW.22 along with other police officials immediately proceeded to the Health Centre. There statement (Ex.PW.1/A) of Gian Chand (PW.1) father of Neena Kumari (deceased), was recorded under Section 154 Cr.P.C, on the basis of which FIR No.92/06, dated 27.05.2006 (Ex.PW.19/A), was registered at Police Station Nadaun, under Sections 498 -A, 302 and 120 -B IPC. Postmortem of dead body was got conducted and report (Ex.PW.16/B) taken by the police. Investigation, based on the FSL report (Ex.PW.16/A) revealed that deceased died on account of consumption of aluminum phosphide (poison).

(3.) ALL the accused were charged for having committed offences punishable under the provisions of Sections 498 -A read with Section 34, Section 302 as also 120 -B IPC to which they did not plead guilty and claimed trial.