STATE OF H P Vs. PARDEEP SINGH

JUDGEMENT

(1.) The State of H.P. aggrieved by judgment dated 3rd April, 2012, passed by learned Sessions Judge (II), Kangra at Dharamshala, in S.C. No.74-G/VII/2010/ 2008, Sessions Trial No.43/2011, whereby the respondents, hereinafter referred to as accused No.1 and 2, respectively, have been acquitted of the charge under Sections 498-A, 304 read with Section 34 of the Indian Penal Code, has preferred the present appeal, on the grounds, inter-alia, that the trial Court has failed to appreciate the evidence available on record in its right perspective. The evidence produced by the prosecution has been erroneously discarded. Prosecution case that deceased Kanchan Wala had committed suicide on 25.8.2008, after being tortured by her in-laws, is fully proved on record from the testimony of the complainant PW-10 Rumel Singh, his wife PW-11 Smt. BImla Devi and neighbour PW-8 Smt. Leela Devi and as such, the presumption under Section 113-A of the Evidence Act, should have been drawn against both the accused, however, contrary to it, learned trial Court has erroneously disbelieved their testimony and based the findings of acquittal on conjectures and surmises. It is also pointed out from Rapat Ext.D-1 that earlier also, the deceased had attempted to commit suicide and as such there was sufficient evidence to show that she was compelled to commit suicide on account of her constant torturing by the accused persons.

(2.) Deceased Kanchan Wala was married to accused No.1 on 20.2.2007. Since she was doing M. Sc from Jallandhar, therefore, immediately after the marriage she went to Jallandhar where her father was residing, to complete the studies. After her examination was over, the accused persons brought her to village Nau-Sehra, their native place. She later on came to Bhatinda, where her father-in-law was employed as driver and started living there. One day, the deceased informed her father PW-10 Rumel Singh over telephone that her mother-in-law used to beat and maltreat her on trivial matters every now and then. On this, complainant (PW-10) accompanied by his wife PW-11 Bimla Devi went to Bhatinda to the place of the in-laws of deceased.

(3.) On 25.5.2008 around 2.30 a.m., the complainant was informed by accused No.1 that the deceased had hanged herself around 6 a.m. and that her condition was serious. Also that she was under treatment in a hospital at Dehra. The complainant accompanied by other members of his family left for the hospital, however, on the way they were informed by one of his relatives that Kanchan Wala was no more and that her dead body was lying in the house of her in-laws at Nau-Sehra. On reaching at Nau-Shehra, the complainant found the dead body of his daughter Kanchan Wala lying there. There was ligature mark around her neck and no external visible injuries were noticed on her person.