LAWS(HPH)-2014-9-137

STATE OF HIMACHAL PRADESH Vs. SANJAY KUMAR

Decided On September 25, 2014
STATE OF HIMACHAL PRADESH Appellant
V/S
SANJAY KUMAR Respondents

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of acquittal, rendered on 31.12.2007, by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in Session Case No. 49 -G/VII/06, whereby the respondents have been acquitted for theirs having committed offences punishable under Sections 498A, 306 read with Section 34 of the Indian Penal Code.

(2.) BRIEF facts of the case, are, that, on 8th December, 2004, marriage of Rachna with accused Sanjay was solemnized as per Hindu rites. Other accused are stated to be her matrimonial relations. It has been alleged that the accused ill -treated Rachna by taunting her for her shortcomings in performing the household chores and hers not bringing sufficient dowry. She was not even permitted to move anywhere. She had been complaining all this, yet, every time she was pacified on the assurance of accused that in future the things would improve, but of no result. Thereafter on the intervening night of 23rd of October, 2005, she was being fed up with the ill -behavior of her in -laws, had committed suicide by jumping in the well. On receipt of intimation the parents of Rachna rushed to the Jawalamukhi Hospital, whereby they found her daughter dead. Statement of the father of the deceased was recorded. On the basis of which FIR was registered and investigation into the offence was commenced. During investigation, it was found that accused being her husband, father -in -law, mother -in -law, brother -in -law and sister -in -law had been ill -treating her and on such ill -treatment and maltreatment having been meted out by the accused to the deceased, she committed suicide by jumping in the well.

(3.) THE accused were charged, for, theirs having committed offence punishable under Sections 498A, 306 read with Section 34 IPC, by the learned trial Court, to, which they pleaded not guilty and claimed trial.