STATE OF H.P. Vs. HEM RAJ

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 9/9/2013, passed by learned Sessions Judge, Sirmaur District at Nahan, H.P., vide which the respondent (accused before learned Trial Court) was acquitted of the commission of an offence punishable under Sec. 306 of Indian Penal Code (in short 'IPC'). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

(2.) Briefly stated, the facts giving rise to the present appeal are that deceased-Asha Devi wife of accused Hem Raj was brought to the hospital with a history of having consumed some poisonous substance. Intimation was given to the police. The police recorded an entry No. 12A (Ext. PW12/A). SI-Jawahar Singh (PW13), ASI-Daulat Ram, Constable Rajesh Kumar, LC-Santosh Kumari, and HHC Krishan Kumar (PW8) were sent to verify the correctness of the information. Informant Maan Singh (PW1)- the father of the deceased made a statement to the police asserting that deceased-Asha was married to accused Hem Raj two-three months before the incident. The sister-in-law of Asha called the informant-Maan Singh and told him that Hem Raj and Asha had married each other. They were at home and Maan Singh could meet them if desired. Maan Singh and Thinku Ram (PW2) went to meet them. Maan Singh talked to Asha. Asha appeared to be frightened and under some pressure. Maan Singh tried to talk to her (Asha) but she did not talk to him and started crying. Fatherin-law of Asha asked Maan Singh to take food but Maan Singh declined to do so because the food is not taken in the home of a girl before 'Kanyadaan' as per the custom. Maan Singh and Thinku Ram returned. No call was made by Asha thereafter nor she went to meet her parents. Asha called her father on 26/10/2011 and enquired about his well-being. Maan Singh replied that he was well and enquired about her well-being. The phone was disconnected. On 4/11/2011 at about 5:30 pm, Maan Singh received a call. The caller enquired about the place from where the recipient was talking. Maan Singh replied that he was talking from Mandoli Sangrah. The caller disconnected the phone. Again, a call was received on 5/11/2011 and the caller told Maan Singh that Asha had consumed poison and Maan Singh should reach Kotla. Maan Singh informed his family members. All of them went to Kotla, where Asha Devi was found dead. Maan Singh suspected that Asha had consumed poison because accused Hem Raj used to harass Asha and prevent her from talking to her parents. The statement was sent to the police station, where FIR (Ext. PA) was registered. Jawahar Singh (PW13) conducted the investigation. He conducted an inquest over the dead body of Asha and prepared the reports (Ext. PW1/B and Ext. PW1/C). The photographs (Ext. P1 and Ext. P2) whose negative is Ext. P3 were taken. The soil containing vomit material of Asha was lifted from the spot. It was put in a parcel and the parcel was sealed with seal 'H'. The parcel was seized vide memo (Ext. PW7/A). Medicines were recovered from the room of the deceased, which were seized vide memo (Ext. PW7/B). Jawahar Singh prepared the site plan (Ext. PW13/A) and recorded the statements of witnesses as per their version. He obtained the sample seals (Ext. PW13/B and Ext. PW13/C). He sent the dead body to the Regional Hospital, Nahan for a post-mortem examination along with an application (Ext. PW5/A). Dr. C.L. Sharma (PW5) conducted the post-mortem examination of the dead body and found that the cause of death was cardiorespiratory failure due to poisoning. He preserved the viscera and reserved the final opinion. He issued the postmortem report (Ext. PW5/B). The dead body was handed over to Sant Ram vide memo (Ext. PW13/D). Jawahar Singh filed an application (Ext. PW6/A) before the Secretary, Gram Panchayat, Surla to obtain a copy of the Pariwar Register of the accused. Satpal Singh (PW6) issued a copy of the Pariwar Register (Ext. PW6/B) and Marriage Certificate (Ext. PW6/C). The proceedings conducted on the spot were videographed and the video recording was transferred to the C.D. (Ext. C4). The case property was sent to FSL and the result (Ext. PW5/D) was issued, in which, it was shown that Phosphine gas (Phosphide) was detected in the viscera and the vomit but no phosphine gas was found in the preservative and the medicines. The statements of the remaining witnesses were recorded as per their version and after the completion of the investigation, the challan was prepared and presented in the Court of learned Chief Judicial Magistrate, Sirmaur at Nahan, who committed it to the Court of Sessions (learned Trial Court) for trial.

(3.) Learned Sessions Judge charged the accused with the commission of an offence punishable under Sec. 306 of IPC. He pleaded not guilty and claimed to be tried.