LAWS(HPH)-2014-7-159

STATE OF HIMACHAL PRADESH Vs. SHER SINGH

Decided On July 24, 2014
STATE OF HIMACHAL PRADESH Appellant
V/S
SHER SINGH Respondents

JUDGEMENT

(1.) THE instant appeal, is, directed by the State, against the impugned judgment, rendered, on, 15.01.2008, by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, Himachal Pradesh, in Sessions trial No. 8/7 of 2006/05, whereby, the learned trial Court acquitted the accused/respondents, for, theirs having committed offences punishable under Sections 498 -A and 306 read with Section 34 of the Indian Penal Code (hereinafter referred to as "IPC").

(2.) BRIEF facts, of the case are, that, on 30.5.2005, at about 8.30 P.M. a telephonic information was received at Police Station, Talai, from PW -1 Ram Lal about, his, having discovered Bhago Devi, his daughter, to be dead. On receipt of information, rapat No. 3 dated 30.5.2005 was entered, in, the daily diary. Inspector Rai Singh alongwith ASI Ram Dass, HHC Kuldeep Singh, HHG Ram Pal and L.C. Sarswati Devi, proceeded to the spot. Complainant Ram Lal, recorded his statement before the police, comprised in Ex. PW -1/A, alleging therein, that, his daughter Savitri Devi had been married 15 years back with accused Sher Singh alias Choti, son of Shiv Ram, resident of Malraon, District Bilaspur, Himachal Pradesh. Out of said wedlock, three children were born to them. His daughter, deceased Bhago Devi, was being harassed, by the accused for the last 8 -9 years, in as much, as, she was being deprived of food and clothing. His son -in -law accused Sher Singh started harassing her, on, a large scale, for, the last two years alongwith accused Shiv Ram and Devku Devi, at which, the deceased came to her maternal house, and, disclosed to them, the facts, on, her visiting her maternal home. They tried, to, make the accused understand, but, of no avail. On 21.5.2005, the deceased visited his house and went back to her matrimonial home at Malraon on 25.5.2005. On 29.5.2005, at about 9.45 p.m., Ram Lal, the father of deceased, received a telephonic call from accused Shiv Ram that his daughter Bhago Devi alias Savitri Devi, was unconscious, and, froth was coming out from her nose, at, which he reached Malraon at 4.00 a.m., on 30.5.2005. He was told by the accused Shiv Ram that his daughter had expired. The complainant alleged that accused Sher Singh, the husband of deceased, Shiv Ram and Devku Devi, in -laws of the deceased, used to maltreat and harass her, and, owing to such maltreatment and harassment suffered by her at their instance, she consumed poison and died. On the basis of statement, made by PW -1 Ram Lal, FIR was lodged, in, Police Station, Talai, against the accused. On completion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 Cr.P.C. was prepared and filed in the Court.

(3.) IN order to prove its case, the prosecution examined 12 witnesses. On closure of prosecution evidence, the statements of accused, under Section 313 of the Code of Criminal Procedure, were recorded, in, which they pleaded innocence and claimed false implication.