STATE OF H.P. Vs. PREM CHAND

JUDGEMENT

(1.) The instant appeal is directed against the judgement of acquittal, rendered on 16.1.2008, by the learned Additional Sessions Judge-II, Kangra at Dharamshala, in Sessions trial No. 5/2007, whereby the respondents have been acquitted for theirs having committed offence punishable under Sections 498-A and 306 IPC read with Section 34 IPC.

(2.) The prosecution story, in brief, is that on 6.11.2003 on receipt of telephonic information regarding death of a female in suspicious circumstances at village Bandi, the police headed by SI Prem Chand rushed to the spot after incorporating the same into the daily diary and the statement under Section 154 Cr.P.C of one Shri Raghubir Singh was recorded. Raghubir Singh has deposed in his statement that his daughter Reeta Devi was married with Prem Chand resident of Village Bandi on 5.3.2003. He further deposed in his statement that his wife had received a telephonic information in the early morning that Reeta Devi had died and thereafter he alongwith other villagers rushed to the matrimonial house of Reeta Devi at village Bandi, where they found her dead. He further disclosed in his statement that his daughter had already disclosed 3-4 times about the beatings being delivered by her husband and she was being beaten up at the instance of brother and bhabhi of her husband. He further disclosed that his daughter had been killed by giving beatings by the accused persons. His statement was sent to the Police station for registration of FIR and the dead body of the deceased was taken into possession after inquest report and same was sent for postmortem examination. The Doctor had opined the cause of death as asphyxia due to antemortem hanging as no other disease, injury or poison seen over the body. One Nawaar and cloth lying on the spot also taken into possession and site plan of the house of deceased was prepared after taking photographs of the dead body. Opinion of Forensic Expert was sought in which the Forensic Expert opined partial hanging antemortem in nature.

(3.) After completion of the investigation, challan, under Section 173 of the Cr.P.C., was prepared and filed in the Court.