STATE OF HIMACHAL PRADESH Vs. SUSHEEL KUMAR

JUDGEMENT

(1.) PRESENT appeal is filed against the judgment of acquittal passed by learned Sessions Judge Solan in Sessions trial No. 16 -NL/7 of 2006 titled State of H.P. vs. Susheel Kumar and others.

(2.) BRIEF facts of the case as alleged by prosecution are that on dated 4.7.2005 at 5.30/6 AM at village Channal Majra P.S. Barotiwala District Solan deceased Kamla Devi aged 23 years daughter of Neeta Ram committed suicide in the bed room of her matrimonial house when she was pregnant. It is alleged by prosecution that accused persons abetted the deceased to commit suicide and also subjected the deceased to mental cruelty in her matrimonial house. It is alleged by prosecution that deceased committed suicide by way of hanging herself and left her suicide note Ext.PW2/A. It is alleged by prosecution that on dated 4.7.2005 ASI Tajinder Singh Incharge P.S. Baddi received secret information that a lady had committed suicide in village Channal Majra. It is further alleged by prosecution that thereafter information was entered into daily dairy vide report Ext.PW8/A and thereafter police officials proceeded to the place of incident and reached within 15 -20 minutes. It is alleged by prosecution that deceased was found hanging from the roof of the bed room in her matrimonial house and deceased was already died. It is further alleged by prosecution that thereafter parents of deceased were called who reached at the spot within 1 -1 1/2 hours and statement of father of deceased was recorded. It is further alleged by prosecution that in the meantime Dy.S.P. Nalagarh and SHO Barotiwala on receiving information came to the spot and doctor was also called to spot who examined the dead body of deceased. It is further alleged by prosecution that photographs of hanged dead body Ext.P3 to Ext.P8 and negatives of which Ext.P9 obtained and thereafter inquest report Ext.PW8/B and spot map of the room Ext.PW8/C were prepared. It is alleged by prosecution that in room of matrimonial house a writing pad Ext.PW2/A was found which was took into possession vide memo Ext.PW2/B. It is further alleged by prosecution that thereafter dead body of deceased was brought to CHC Nalagarh for post mortem and it was found that cause of death was due to ante mortem hanging/asphyxia. It is also alleged by prosecution that post mortem report is Ext.PW3/A and dead body of deceased handed over to PW1 vide memo Ext.PW8/C. It is further alleged by prosecution that brother of deceased during investigation had handed over the admitted writing of deceased Ext.PW2/D -1 and Ext.PW2/D -2 to PW8 which were took into possession by him vide memo Ext.PW2/E. It is further alleged by prosecution that suicide note and admitted hand writing were sent to the Examiner of Question Documents FSL Junga and report is Ext.PW6/A. It is alleged by prosecution that admitted hand writing and suicide note as per expert report belong to the same person. It is alleged by prosecution that deceased had told to PW2 when he came to her matrimonial house that accused persons were harassing the deceased in her matrimonial house. It is further alleged by prosecution that deceased told PW2 that deceased was pregnant and accused persons did not want the child and thereafter they had administered some medicine to the deceased. It is alleged by prosecution that PW3 preserved viscera of deceased which was handed over to Investigating Agency and same was sent to FSL Junga for chemical examination.

(3.) THE prosecution examined the following witnesses in support of its case: -