STATE OF HIMACHAL PRADESH Vs. SUKHDEV

JUDGEMENT

(1.) ASSAILING the judgment dated 10.4.2008, passed by learned Addl. Sessions Judge (II), Kangra at Dharamshala, H.P., in Sessions Case No. 16 -N/VII/2007 (Sessions Trial No. 15/2007), titled as State of Himachal Pradesh vs. Sukhdev & another, 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 Sukhdev (accused No. 1) was married to Smt. Usha Devi (deceased) on 14.12.2006. Since inception of their marriage, deceased was subjected to cruelty. Also dowry demands were made by her husband and father -in -law Kali Dass (accused No. 2). Sukhdev who was an alcoholic would quite often assault the deceased, who apprised her parents about the same. As a result of atrocities of the accused, on 3.2.2007 deceased committed suicide by hanging herself. Incident of death was reported to the police by Arun Soni (PW -3) on the basis of which entry in Daily Diary Register (Ext. PW -10/A) was recorded. Inspector Nathu Ram (PW -10), S.H.O. of the concerned police station proceeded to the spot where Kuldeep Raj (PW -1) brother of the deceased, got his statement recorded under Section 154 Cr. P.C. (Ext. PW -1/A) on the basis of which F.I.R. No. 49/2007, dated 3.2.2007 (Ext. PW -10/C) was registered at Police Station Nurpur, Distt. Kangra, H.P., under the provisions of Section 304 -B read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961, against the accused persons. Inquest report (Ext. PW -5/B) was prepared. Post mortem of dead body was got conducted from Dr. Gurmit Singh (PW -5) and report (Ext. PW -5/C) taken on record after receipt of the report of the chemical analyst (Ext. PW -10/F). With the completion of necessary 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 eleven 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.