STATE OF H.P. Vs. SUNIL KUMAR

JUDGEMENT

(1.) RESPONDENT Sunil Kumar, hereinafter referred to as the accused, has been acquitted of the charge under Sections 498 -A and 306 of the Indian Penal Code vide judgment dated 25.2.2010, passed by learned Additional Sessions Judge, Fast Track Court Kangra at Dharamshala in Sessions Case No. 22 -G/VII/2009.

(2.) THE prosecution aggrieved by the acquittal of the accused has preferred the present appeal for setting aside the impugned judgment on the ground inter alia that learned trial Judge has failed to appreciate the evidence qua torturing and maltreatment of the deceased Reena Devi at the hands of her husband, the accused, in its right perspective and to the contrary recorded the findings of acquittal on the basis of surmises and conjectures.

(3.) THE deceased was married to the accused about four years ago of her death on 3.2.2009. The complaint is that accused, who was a labourer and having meager income, started torturing and maltreating her immediately after the marriage as and when she asked him to give her money, the accused any how or other was managing the household affairs out of his meager income. At occasions, he even compelled the deceased to bring money from her parents so that he can start some business. He allegedly was commenting and taunting her that she does not know any work including cooking of food. It is her mother, PW -2 Yudhiya Devi, who made such statement during the course of inquest proceedings and in the FIR Ex. PW -5/B, recorded at her instance. She apprehended that her deceased daughter Reena Devi has committed suicide on being tortured and beaten up by the accused as and when she asked him to give her money and also by compelling her to bring money from her parents.