STATE OF H.P. Vs. GIAN CHAND

JUDGEMENT

(1.) THIS appeal is instituted against the judgment dated 13.5.2008, rendered by the learned Addl. Sessions Judge, Mandi, H.P. in Sessions Trial No. 31 of 2004, whereby the respondent -accused (hereinafter referred to as the accused), who was charged with and tried for offence punishable under Sections 498 -A and 306 IPC, has been acquitted.

(2.) THE case of the prosecution, in a nut shell, is that Preeti Devi, daughter of the complainant Sh. Duni Chand (PW -1) was married with the accused on 7.3.1995. The accused was employed in Health Department of the Himachal Pradesh. On 22.8.2003, Preeti Devi went to cut grass but she did not return home. On 25.8.2003, Duni Chand PW -1 submitted a complaint to the Incharge, Police Post Dharampur, wherein he submitted that his daughter Smt. Preeti Devi, wife of the accused was missing since 22.8.2003. It was also stated in the complaint that Gian Chand, his parents and nephew used to harass and torture Preeti Devi. They also used to beat her. On the basis of the written complaint, FIR was registered and the case was investigated. On completion of the investigation, challan was put up after completing all the codal formalities.

(3.) MR . M.A. Khan, learned Addl. Advocate General, appearing on behalf of the State, has vehemently argued that the prosecution has proved its case against the accused. On the other hand, Mr. Surinder Saklani, Advocate, for the accused has supported the judgment of the learned trial Court dated 13.5.2008.