STATE OF H.P. Vs. JAI RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgement of acquittal rendered on 29.12.2012 by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P. in Sessions trial No. 7/7 of 2012 whereby he acquitted the respondents for theirs having committed offence punishable under Section 306 IPC read with Section 34 IPC.

(2.) THE prosecution story, in brief, is that marriage of Jitender Kumar (deceased) was solemnized with Anita Kumari on 10.3.2007. Anita Kumari remained in the matrimonial home only for 1 -2 months and thereafter on 29.5.2007 she was dropped at her parent's house in Ghumarwin. Thereafter, PW -1 (Amar Singh) alongwith PW -2 (Ramesh Chand), PW -3 (Ram Pal) and PW -10 (Onkar Singh) went to call Anita Kumari but she did not come. Accused Jai Ram and Veena Devi raised demand for money i.e. a sum of Rs. 5 lacs and also sought transfer of property in the name of Anita Kumari. The accused party have also demanded a sum of Rs. 5 lacs for compromising the matter and getting divorce and thus alleging that Jitender Kumar was harassed by accused persons and he committed suicide on account of harassment caused to him by consuming poison on 28.5.2010 in village Kapahara. He was taken to C.H. Gumarwin for treatment. Dr. Sumit Verma (PW -5) had medically examined Jitender Kumar. He was thereafter referred for further treatment to Bilaspur, where ASI Pushp Raj (PW -11) recorded statement of Amar Singh and sent Rukka through constable Raj Kumar for registration of F.I.R. on which F.I.R. Ext.PW -8/A was registered. One suicide note Ext.PW -1/B was handed over to the police by Amar Singh which was taken into possession by the police vide recovery memo Ext.PW -1/C. Amar Singh had also produced admitted handwriting of Jitender Kumar to the police which are Ext.PW -1/D and Ext.PW -1/E and Ext.PW -1/G. In August, 2010 Amar Singh had found another suicide note Ext.PW -1/K written by his son addressed to him, which was also handed over to the police and taken through memo Ext.PW -1/J in the presence of Nirmla Devi and Raj Kumar. Dr. S. Sharad (PW -7) conducted post mortem examination of the dead body on 29.5.2010. Post mortem report Ext.PW -7/D given by him which reveals the cause of death was Coma due to poisoning. Dr. Minakshi Mahajan(PW -12) examined questioned item Ext.PW -1/B, suicide note and admitted items Ext.PW -1/D, Ext.PW -1/E and Ext.PW -1/G and given her report Ext.PW -11/C. Report reveals that admitted hand writings/signature and questioned item/suicide note, all have been written by one and the same person.

(3.) IN order to prove its case, the prosecution examined as many as 13 witnesses. On closure of the prosecution evidence, the statements of the accused under Section 313 Cr.P.C. were recorded, in which they pleaded innocence. On closure of proceedings under Section 313 Cr.P.C. the accused were given an opportunity to adduce evidence in defence and they chose not to adduce any evidence in defence.