STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) ASSAILING the judgment dated 25.8.2008, passed by learned Addl. Sessions Judge, Una, H.P., in Sessions Case No. 7 of 2005 [R.B.T.S.C. No. 8/08/05 -Sessions Trial No. 12/08/05], titled as State of Himachal Pradesh vs. Sanjeev Kumar & others, whereby respondents -accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that in the year 2002 Sanjeev Kumar (accused No. 1) was married to Nirmala Devi @ Meena Devi (deceased) as per Hindu customary rites. Since inception of her marriage, deceased was subjected to cruelty and maltreatment for having brought insufficient dowry by her husband as also her in -laws i.e. Maya Devi (accused No. 2) and Rirka Singh (accused No. 3). Deceased disclosed the incident to her maternal uncle Ram Lal (PW -3). On 6.6.2004 deceased, on account of alleged atrocities, cruelties and maltreatment was forced to consume poison. She was immediately taken to the Primary Health Centre at Amb, where Dr. S.K. Verma (PW -1) examined her and issued MLC (Ext. PW -1/A). Police was informed and ASI -Parkash Chand (PW -9) reached the hospital. Deceased was not found fit to make statement. She was critical and as such was referred for further treatment to the Zonal Hospital, Una, where she was declared as having brought dead. F.I.R. No. 124/2004, dated 6.6.2004 (Ext. PW -9/B), was registered at Police Station Amb, Distt. Una, H.P. under the provisions of Sections 498A and 306 both read with Section 34 of the Indian Penal Code against all the accused persons, who during the course of investigation were arrested. Police prepared inquest reports (Ext. PW -9/C and 9/D) and also got post mortem of the dead body conducted from Dr. N.S. Dogra (PW -2). Post Mortem Report (Ext. PW -2/B), on the basis of report of the Forensic Science Laboratory, Junga (Ext. PW -2/A), was prepared and issued by PW -2. With the completion of investigation, which revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined nine witnesses and statements of the accused under Section 313 Cr.P.C. were also recorded, in which they pleaded innocence and false implication. No evidence, in defence was led by the accused.