STATE OF H P Vs. SUBHASH CHAND

JUDGEMENT

(1.) THE instant appeal is directed by the State against the judgment rendered on 3.10.2008 by the learned Sessions Judge, Hamirpur, District Hamirpur, in Sessions trial No. 09 of 2008, whereby, the learned trial Court acquitted the accused for theirs having allegedly committed the offences punishable under Sections 498 -A and 306 read with Section 34 of the Indian Penal Code.

(2.) BRIEF facts of the case are that on July 25, 2007, Ramesh Chand son of Jai Singh, resident of Village Tikker telephonically informed Police Station, Sadar Hamirpur that Rajni Devi had committed suicide during the previous night by setting herself afire. Such report was entered in the daily diary and the Investigating Officer proceeded to the spot. He recorded the statement of Smt. Champa Devi wife of Sh. Prem Chand under Section 154, Cr.P.C., disclosing therein that she belongs to Village Tikker in Tehsil Hamirpur. Her husband is a labourer. She gave birth to four daughters and two sons. One daughter, namely, Rajni Devi was married about five years back to accused Subhash Chand according to Hindu rites and customs and adequate dowry was given. However, Rajni Devi could not bear a child. It was reported that accused had been physically beating her and maltreating her for not bearing a child. Once she had come to her parental house and she was taken back to the matrimonial house after three months with the intervention of some relatives. On the previous night of July 25, 2007 at about 12 O'clock, Rajni Devi telephoned her mother and disclosed that the accused were altogether present in the house and they were torturing her by saying that she was 'Banjh" and that Subhash would remarry. She was calmed down by the complainant by saying that they would talk in this behalf later on. At about 2.30 a.m., Sulekha, sister of Subhash Chand telephoned the complainant that Rajni Devi had sprinkled kerosene oil on her and she sustained burn injuries. So the informant and her husband went to the house of Rajni Devi, but the house was found locked. They came to know that Rajni Devi had been shifted to Dandru. So they went to Dandru, but Rajni had died by that time. It was reported that Rajni committed suicide due to torture and cruelty meted out to her by the aforesaid accused Subhash Chand and Sumna Devi. On the basis of aforesaid statement FIR was registered in the police station. The case was investigated into by the Investigating Officer and during the course of Investigation, the IO prepared site plan, got the body of the deceased photographed, prepared the inquest report and also obtained the post mortem report. The investigating Officer also took into possession the burnt salwar and half burnt piece of cloth along with match box from the spot. The Investigating Officer also took into possession one canny of kerosene oil from the kitchen of the accused. The viscera etc., were sent to the FSL, Junga and procured the report to this effect. As per the post mortem report, the cause of death of Rajni Devi was extensive burns leading to neurogenic and hypovolunic shock and death.

(3.) ON conclusion of the investigation, into the offence, allegedly committed by the accused, report under Section 173 of the Code of Criminal Procedure was prepared and filed in the Court.