STATE OF H.P. Vs. RAKESH KUMAR

JUDGEMENT

(1.) THE present appeal filed against the judgment passed by learned Additional Sessions Judge Fast Track Court Una District Una in Sessions Case No. 27 of 2007 titled State Vs. Rakesh Kumar and others.

(2.) BRIEF facts of the case as alleged by the prosecution are that co -accused Rakesh Kumar is the husband of deceased Raman Jot, co -accused Jagdish Chand is the father -in -law of deceased, co -accused Ashok Kumar is brother -in -law of deceased and co -accused Asha Devi is the mother -in -law of deceased Raman Jot. It is further alleged by prosecution that all accused persons committed cruelty upon deceased Raman Jot in her matrimonial house. It is further alleged by prosecution that on dated 4.7.2006 at about 10.15 AM at place Behdala accused persons abetted deceased Raman Jot to commit suicide. It is further alleged by prosecution that marriage was solemnized on dated 28.11.2005 as per Hindu rites and customs between deceased Raman Jot and co -accused Rakesh Kumar. It is further alleged by prosecution that after marriage the accused persons harassed deceased Raman Jot and demanded dowry by way of Rs. 50,000/ - (Fifty thousand) from deceased Raman Jot when she was alive. It is further alleged by prosecution that accused persons have also used to beat deceased Raman Jot in her matrimonial home. It is further alleged by prosecution that the parents of deceased Raman Jot came to Behdala when deceased was alive and accused persons tendered an apology and undertaken not to repeat the same action in future. It is further alleged by prosecution that again deceased Raman Jot rang up her father and asked her father to bring deceased to her parental house as deceased was subjected to cruelty in her matrimonial house. It is further alleged by prosecution that relatives of deceased came to meet the deceased Raman Jot in her matrimonial house but accused persons did not allow them to meet the deceased. It is further alleged by prosecution that ultimately on dated 4.7.2006 deceased Raman Jot committed suicide by way of jumping into the well in village Behdala. It is further alleged by prosecution that thereafter Pradhan Gram Panchayat Behdala informed the parents of deceased Raman Jot by way of telephone about the death of deceased Raman Jot. It is further alleged by prosecution that photographs of dead body are Ext. PW9/A to PW9/G. It is further alleged by prosecution that police officials recorded the statement of complainant Ext. PW1/A under Section 154 Cr.PC and thereafter FIR Ext PW13/A was recorded. It is further alleged by prosecution that post mortem of the dead body of deceased Raman Jot was conducted in District hospital Una. It is further alleged by prosecution that as per post mortem report deceased Raman Jot died due to drowning leading to asphyxia. It is further alleged by prosecution that site plan Ext PW15/B was prepared. The accused persons did not plead guilty and claimed tried. Charge was framed against the accused persons under Sections 498 -A IPC and 306 IPC on dated 16.1.2008.

(3.) PROSECUTION also produced following piece of documentary evidence in support of its case: -