STATE OF HIMACHAL PRADESH Vs. SHYAM LAL

JUDGEMENT

(1.) ASSAILING the judgment dated 30.4.2007, passed by learned Sessions Judge, Una, H.P., in Sessions Case No. 13 of 2003/Sessions Trial No. 16 of 2003, titled as State of Himachal Pradesh vs. Shyam Lal & others, whereby respondents -accused stand acquitted, the 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 Smt. Rajni (deceased) was married to accused Shyam Lal on 22nd October, 2000. Allegedly for having brought insufficient dowry, deceased was subjected to maltreatment by her husband and his entire family i.e. accused Rajesh Kumar, Raj Kumar @ Bittu and Kamla Devi, which fact she brought to the notice of her parents i.e. Smt. Suman Bali (PW -11) and Sh. Narinder Sagar Bali (PW -12). After the marriage accused Shyam Lal went to Kuwait for work. He did not take the deceased with him and she was made to stay in the joint family of her husband. In the matrimonial home she was repeatedly maltreated for having brought insufficient dowry. Sometime in the month of September, 2002, Shyam Lal returned when again deceased was maltreated by the entire family. On 11.10.2002, Smt. Suman Bali (PW -11) telephonically inquired about the welfare of her daughter, when Shyam Lal asked her to meet him as he had to discuss certain matters with her. She suggested of meeting her later after her return from Jalandhar. Same evening she was telephonically informed that the deceased died after consuming poison. Parents of the deceased rushed to the house of Shyam Lal where they were informed that the deceased was taken to Primary Health Centre Amb and from there to Zonal Hospital at Una. The matter was immediately brought to the notice of police and on the basis of statement of Smt. Suman Bali (PW -11) recorded under Section 154 Cr.P.C. (Ext. PJ), F.I.R. No. 218/2002 (Ext. PK) dated 12.10.2002, was registered at Police Station Amb, Distt. Una, H.P. under the provisions of Sections 498 -A and 306 both read with Section 34 of the Indian Penal Code against all the accused persons. Inquest report (Ext. PO) was prepared and post mortem of dead body was got conducted through Dr. C.S. Chauhan (PW -9) who confirmed the deceased to have died on account of poisoning. Post mortem report (Ext. PM) is on record to this effect. Police collected incriminating material against the accused, including letters (Ext. P -5 to P -9) and the suicide note (Ext. P -4) written by the deceased. With the completion of investigation, which was conducted by ASI -Mohinder Singh (PW -17), challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined seventeen witnesses and statements of the accused under Section 313 Cr.P.C. were also recorded, in which they pleaded false implication. In defence, accused examined Shyam Lal (DW -1).