STATE OF HIMACHAL PRADESH Vs. SONI KUMAR

JUDGEMENT

(1.) This appeal is instituted by the State against the judgment dated 28.5.2008, rendered by learned Addl. Sessions Judge (II) Kangra at Dharamshala, HP, in Sessions Case No. 4-G/VII/2006, whereby the respondents-accused (herein after referred to as "the accused" for convenience sake), who were charged with and tried for offences punishable under Sections 498-A and 306 read with section 34 IPC, have been acquitted.

(2.) The case of the prosecution in a nutshell is that the statement of PW-1 Amar Singh was recorded under Section 154 Cr.P.C. vide Ext. PW-1/C. According to him, his daughter Kalpana was married about 4 years back with accused Soni Kumar son of Munshi Ram, resident of Village Saloha. His daughter had one daughter aged 3 years and 1 son aged nine months. He has given sufficient dowry to his daughter. After some days of marriage, accused started giving beatings to Kalpana Devi. They used to harass her. His daughter disclosed these facts to him as well as to her mother and brothers whenever she visited their house. False acquisitions were made against his daughter. She was denied maintenance. He had taken up the matter with the Panchayat. On 19.6.2005, at about 8.30 PM, he received telephonic information from Pradhan that his daughter had died by drowning while washing the clothes. He went to the house alongwith the co-villagers and members of Gram Panchayat. He found the dead body of Kalpana Devi lying on the rock in the Nallah. She had received injuries. The In-laws of his daughter were talking about second marriage of Sonu. FIR was registered on the basis of Ext. PW-1/C. The police visited the spot. The dead body was sent for post mortem examination. The police also took into possession one pair of Chappal, one Thapi, one bucket containing clothes including clothes which were lying at the spot. The police had also taken the photographs of the spot. The police had also taken into possession compromise mentioned as "Bahami Razinama". The report of the FSL was obtained and thereafter, the matter was investigated. The police on completion of the investigation, put up the challan before the Court after completing all the codal formalities.

(3.) The prosecution has examined as many as 11 witnesses to prove its case. Statement under section 313 of the Cr.P.C. of the accused persons was recorded. The accused have denied the prosecution allegations. According to them they were falsely implicated. The learned trial Court acquitted the accused vide judgment dated 28.5.2008.