ASHWANI KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Present appeal is filed against the judgment and sentence passed by learned Additional Sessions Judge Una District Una HP in Sessions trial No. 27 of 2008 decided on 31.7.2009 titled State of H.P. Vs. Ashwani Kumar and others.

(2.) It is alleged by prosecution that co-accused Ashwani Kumar was married with deceased Monika in the year 2000. It is alleged by prosecution that after marriage accused persons started maltreating and harassing deceased Monika on the pretext of not bringing anything from her parental house in the marriage. It is further alleged by prosecution that deceased Monika came back from her parental house on 2.4.2008 after about 22 days and accused persons demanded Rs.500000/- (Five lacs) but deceased Monika brought only Rs.100000/- (One lac) when deceased came back to her matrimonial house from her parental house. It is further alleged by prosecution that co-accused Ashwani Kumar deserted deceased Monika after she blessed with daughter and deceased Monika was constrained to live at her parental house in Dalhousie for one year. It is further alleged by prosecution that deceased Monika filed a petition under Section 125 Cr.PC and also filed a complaint before HP State Women Commission. It is further alleged by prosecution that brother of deceased had given mobile phone to deceased Monika when she came back from her matrimonial house and same was broken by co-accused Ashwani Kumar. It is further alleged by prosecution that on dated 5.4.2008 in the morning a telephonic message was received in police station Gagret that deceased Monika had died after hanging herself from ceiling fan at Daulatpur chowk and police party headed by SI Mohinder Singh reached at the spot. It is further alleged by prosecution that PW30 SHO P.S.Thakur police station Gagret also reached at the spot and statement of PW1 Anil Gupta was recorded under Section 154 Cr.PC and thereafter FIR Ext PW26/A was recorded. It is further alleged by prosecution that PW29 SI Mohinder Singh had prepared inquest report Ext PW5/A and also clicked photographs at the spot Ext PW12/A to Ext PW12/F. It is further alleged by prosecution that PW30 Inspector P.S Thakur prepared site plan Ext PW30/A and also took into possession scarf Ext. P1 and P2 vide seizure memo Ext PW1/B. It is further alleged by prosecution that disclosure statement under Section 27 of Indian Evidence Act 1872 was made by co-accused Ashwani Kumar Ext PW1/C and as per disclosure statement thin rope and scarf were recovered. It is further alleged by prosecution that PW30 Inspector P.S.Thakur prepared site plan at the spot and also took into possession complaints filed by deceased Monika and copy of bill pertaining to purchase of mobile phone. It is further alleged by prosecution that accused persons were medically examined. It is further alleged by prosecution that post mortem of deceased Monika was conducted and as per post mortem report deceased Monika had died due to strangulation homicidal leading to asphyxia and death. It is further alleged by prosecution that scarf and thin rope were sent for chemical examination and as per report of chemical analyst death could be caused by strangulation with thin rope and scarf. It is further alleged by prosecution that as per medical opinion ligature marks found on the neck of deceased Monika were possible with scarf. It is further alleged by prosecution that injuries were also observed upon the body of co-accused Ashwani Kumar. It is further alleged by prosecution that accused persons caused disappearance of evidence by way of concealing scarf and by way of concealing strangulating material to screen the offender from legal punishment. Charge was framed against accused persons under Sections 498-A, 302, 201 read with Section 34 IPC. Accused persons did not plead guilty and claimed trial.

(3.) The prosecution examined thirty oral witnesses in support of its case and also produced documentary evidence.