STATE OF HIMACHAL PRADESH Vs. SUNIL KUMAR

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 29.2.2008 rendered by the Additional Sessions Judge, Ghumarwin, District Bilaspur in Sessions Trial No. 58/7 of 2004, whereby the respondents-accused (hereinafter referred to as the "accused" for convenience sake), who were charged with and tried for offence punishable under sections 498-A and 306 read with section 34 of the Indian Penal Code, have been acquitted.

(2.) Case of the prosecution, in a nutshell, is that a telephonic message was received at Police Station, Ghumarwin on 25.2.2004 at 5.45 P.M. from Dr. Anil at Civil Hospital, Ghumarwin that a case of poisoning has come which needs action. Rapat No. 20 dated 25.2.2004 Ex. PW-4/A was recorded. S.I. Balwant Singh proceeded to Civil Hospital, Ghumarwin. The Medical Officer on duty informed that a lady named Asha Devi was not fit to make statement. He came back to Police Station and got recorded rapat No. 26 dated 25.2.2004 vide Ex. PW-4/B. On 26.2.2004 at 10.10 A.M. Rattan Singh from P.G.I. Chandigarh informed telephonically Police Station, Ghumarwin that in the poisoning case of Jol Palakhi village which was referred to P.G.I. from Ghumarwin, the lady has died at PG.I. Chandigarh. Head Constable Chotta Ram alongwith Constable Balbir were sent to P.G.I. Chandigarh vide rapat No. 6 dated 26.2.2004 Ext. PW-4/C. Chotta Ram came back from P.G.I. Chandigarh to Police Station Ghumarwin on 27.2.2004 and rapat No. 22 dated 27.2.2004 Ext. PW-4/D was incorporated. The postmortem of the deceased was got conducted at Chandigarh and the dead body was handed over to deceased's father in law, Rattan Lal. It came during the course of investigation by Head Constable Chotta Ram that on 25.2.2004 at 5.15 P.M., Asha Devi had gone to bring grass from the fields. She felt giddy and accused Ram Dass and Krishni Devi brought her home. However, she started vomiting. She was taken to Civil Hospital, Ghumarwin from where she was referred to Bilaspur. From Bilaspur she was further referred to P.G.I. Chandigarh on 25.2.2004 at 4.00 A.M. Asha Devi died at P.G.I. Chandigarh on 26.2.2004 at 5.00 P.M. Statement of the mother of the deceased Brahmi Devi was recorded by H.C. Chotta Ram vide Ext. DW-2/A. PW-1 Chandu Ram on 28.2.2004 made statement under Section 154 of the Criminal Procedure Code vide Ext. PA. According to him, he was resident of Dosarka, Police Station, District Hamirpur. He has retired as Captain from the Army. His elder brother has expired 7 years back, who was having 8 daughters. He was looking after the daughters. He married Asha Devi on 8.7.2003 with accused Sunil Kumar, resident of village Jol Palakhi. Whenever Asha Devi used to visit her house, she used to say that she was not comfortable at her in-laws house. Her husband, mother-in-law, grandfather-in-law and Sister-in-law used to taunt her. He went to Asha Devi's house and asked accused as to why they were harassing Asha Devi. They apologized. On 25.2.2004, Sunil Kumar informed him telephonically at 8.30 P.M. that Asha Devi has consumed poison. She was brought to Ghumarwin hospital. Thereafter, he and his wife Santosh went to Ghumarwin hospital. They found that Asha Devi was taken to Bilaspur. They proceeded to Bilaspur. They were told that Asha Devi has been taken to P.G.I. Chandigarh. He got telephonic information about Asha Devi having expired at P.G.I. Chandigarh. Accused were subjecting Asha Devi to ill-treatment, which led her to consume poison. The matter was investigated. An empty tube of Aluminum Phosphide Sulphas was recovered. It was seized vide seizure memo Ext. PW-11/A in presence of Lekh Ram and Joginder Singh witnesses. PW-11 Chint Ram recorded statements of the witnesses. Post-mortem of the dead body was got conducted vide Mark 'C'. Police investigated the case and the challan was put up in the court after completing all the codal formalities.

(3.) Prosecution examined as many as 12 witnesses in all to prove its case against the accused. Statements of accused under Section 313 Cr.P.C. were recorded. They have denied the case of the prosecution in entirety. According to them, they have not harassed or tortured Asha Devi and no dowry was demanded. She was kept nicely. Learned trial Court acquitted the accused. Hence the present appeal.