RAJINDER KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) ASSAILING the judgment dated 25.5.2004, passed by learned Addl. Sessions Judge, Mandi, H.P., in Sessions Trial No. 7 of 2001, titled as State vs. Rajinder Kumar & another whereby accused Rajinder Kumar (appellant herein) has been convicted for having committed offences punishable under the provisions of Sections 306 and 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years and fine of Rs. 20,000/ - for offence punishable under Section 306 IPC (in default of payment of fine to further undergo simple imprisonment for a period of six months) and also rigorous imprisonment for a period of two years and fine of Rs. 5,000/ - for offence punishable under Section 498A IPC (in default of payment of fine to further undergo simple imprisonment for a period of three months), appellant filed Revision Petition under the provisions of Sections 397/401 of the Code of Criminal Procedure, 1973, which was ordered to be registered as Criminal Appeal by this Court in terms of order dated 15.12.2010. It is the case of prosecution that appellant Rajinder Kumar was married to Smt. Lata Devi (deceased). From the beginning, appellant Rajinder Kumar and his family members subjected Smt. Lata Devi with cruelty and harassment. They physically assaulted her and raised dowry demands. On 30.9.1999 Smt. Lata Devi consumed poison. Appellant approached Sh. Amar Singh (PW -3), who advised them to take her to the hospital. At the Regional Hospital Sarkaghat Dr. Vikas Gupta (PW -5) Medical Officer attended to her. Police was informed. HC -Megh Singh moved an application (Ext. PW 5/A) for recording statement of Smt. Lata Devi. She was certified to be unfit, hence the same could not be recorded. In the night intervening of 30.9.1999 and 1.10.1999, Smt. Lata Devi expired. Her parents were informed about the same. On 1.10.1999 Sh. Mast Ram (PW -1), father of deceased Smt. Lata Devi lodged a complaint (Ext. PW 1/A) with the police on the basis of which F.I.R. 191/99, dated 1.10.1999 (Ext. PW 8/A) was registered at Police Station Sarkaghat, Distt. Mandi, H.P. under the provisions of Sections 306 and 498A of the Indian Penal Code. Post mortem report (Ext. PX) was taken on record. Report of Forensic Science Laboratory, Junga (Ext. PW 9/E) was also obtained by the police. Two/three months prior to her death, Smt. Lata Devi had lodged a complaint with Sh. Amar Singh (PW -3). She had been subjected to cruelty by her husband and mother -in -law. With the completion of investigation, challan was presented in the Court for trial.

(2.) ACCUSED Rajinder (appellant herein) and his mother Smt. Hardei were charged for having committed offences punishable under the provisions of Sections 306 and 498A of the Indian Penal Code, to which they did not plead guilty and claimed trial.

(3.) APPRECIATING the testimony of prosecution witnesses, trial Court fully acquitted accused Hardei but convicted accused Rajinder Kumar (appellant herein) on all counts, and sentenced, as aforesaid.