STATE OF HIMACHAL PRADESH Vs. TIRATH RAM

JUDGEMENT

(1.) ASSAILING the judgment dated 12.7.2012, passed by learned Special Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 53 -ST/7 of 2011, titled as State of H.P. vs. Tirath Ram, whereby respondent -accused stands 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 Kumari Rajwanti (deceased) was living with the accused at Rajgarh. Though they were not married accused had been sexually exploiting her. On 1st of October, 2010 deceased consumed poison and accused immediately took her for medical treatment to the Indira Gandhi Medical College and Hospital at Shimla. He also informed Chauhan Singh (PW -1), brother of the deceased, who also reached there. All day deceased remained unconscious and eventually expired on 5.10.2010. On the complaint, so made by Chauhan Singh (PW -1), F.I.R. No. 93/2010, dated 6.10.2010 (Ext. PW -13/A) was registered at Police Station Rajgarh, District Sirmour, under the provisions of Sections 306 and 366 of the Indian Penal Code, against the accused. Investigation was conducted by ASI Roshan Lal (PW -16) who searched the house of the accused and recovered personal belongings, clothes etc. of the deceased. Also bottle of poison was sealed and recovered vide memo (Ext. PW -1/G). Post mortem on dead body was conducted by Dr. Harinderjit Singh (PW -17), who on the basis of reports received from the State Forensic Science Laboratory, Junga, opined the deceased to have died on account of poisoning due to organophosphorous insecticide (dicholorovas). With the completion of investigation, which prima facie 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 nineteen witnesses and statement of the accused under Section 313 Cr. P.C. was also recorded, in which he took the following defence: