STATE OF H.P. Vs. DESH RAJ

JUDGEMENT

(1.) THE State of Himachal Pradesh aggrieved by the judgment dated 13.09.2012 passed by learned Sessions Judge, Kangra at Dharamshala in Sessions Case No. 8 -D/VII -2010 has preferred this appeal, as thereby the respondent (hereinafter referred to as the 'accused') has been acquitted from the charge under Section 498 -A and 306 of the Indian Penal Code.

(2.) THE allegations against the accused in a nut shell are that during the night intervening 30.09.2011/1.12.2009 around 2.00 a.m. (mid night), he subjected his wife Smt. Indira Devi (since dead) with cruelty in the matrimonial house at Village Salig, District Kangra and as a result thereof she committed suicide.

(3.) ON 30.09.2011, there was marriage of the daughter of Smt. Satya Devi (PW -3), real aunt (Mausi) of the accused in the same village. In the evening after departure of 'Barat' everybody present there were dancing. The accused, who was under the influence of liquor, asked the deceased to dance with him, however, she finding the presence of elderly placed persons present there, refused to dance with him. He got offended. When deceased returned to the house, he also came behind. He administered her beatings in the ground floor of the house, when she went to upper storey to sleep; the accused came there also and administered her beatings. She being offended from the beatings administered to her and also such cruel behavior of the accused, went to kitchen and taken out kerosene oil lying there above the hearth. She poured kerosene oil on her and lit match stick and set herself on fire.