STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 16.9.2006 passed by learned Additional Sessions Judge, Fast Track Court, Una, in Sessions Case No. 32/04 RBT 70/05/04, whereby accused persons, who were charged with and tried for offences punishable under Sections 498 -A and 306 read with Section 34 of the Indian Penal Code, were acquitted.

(2.) THE case of the prosecution, in a nutshell, is that the deceased Parveen Kumari got recorded her statement under Section 154 Cr.P.C. on 12.6.2003 vide Ext. PW 9/B to the effect that she was married to accused Sanjeev Kumar as per Hindu rites and custom. One son was born out of the wedlock. She was residing with her parents -in -law. Her mother -in -law, Kamla Devi, used to taunt her for having black complexion. Her father -in -law, Julfi Ram, also used to abuse her. Her husband was not maintaining her properly. She had to live with her parents for about three months, but thereafter, she was brought back to her matrimonial house at village Talwai by her husband. On 9.6.2003, accused Gurbachni Devi came to her matrimonial house. When she wanted to pay respect by touching her feet, Gurbachni Devi did not allow her to do so. Her mother -in -law also rebuked her. Her mother -in -law and accused Gurbachni Devi went to village Dhandhri to attend a marriage. Thereafter, her father -in -law asked her husband to send her to her parental house. She refused to go there. She consumed some pesticide. She was admitted in Amb Hospital for treatment for overnight. On 12.6.2003, she was again brought to Amb Hospital, from where she was referred to Zonal Hospital, Una. The police also visited the Hospital and recorded the statement of deceased Parveen Kumari, vide Ext. PW 9/B, on the basis of which, FIR, Ext. PW 5/A was recorded under Sections 498 -A read with Section 34 of the Indian Penal Code. The deceased Parveen Kumari was referred to PGI Chandigarh, where she died on 16.6.2003. As per post mortem report, Ext. PW 9/E, cause of death was shock due to orange phosphorous poisoning. The offence under Section 304 was added in the FIR, Ext. PW 5/A. The investigation was completed and the challan was put up in the court after completing all the codal formalities.

(3.) MR . Parmod Thakur, learned Addl. Advocate General, has vehemently argued that the prosecution has proved its case against the accused persons.