STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) Assailing the judgment dated 24.8.2009, passed by learned Addl. Sessions Judge, Una, District Una, H.P., in Sessions Case No. 4/2009 (Sessions Trial No. 4/2009), titled as State of H.P. vs. Pawan Kumar, whereby respondent- accused stands acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) It is the case of prosecution that accused Pawan Kumar was married to Parveen Kumari (deceased). On 10.11.2008, deceased consumed poison and died at her matrimonial house in village Chak. The matter was immediately reported to the police. On the basis of statement of Prem Lata (PW-1) so recorded under Section 154 Cr. P.C. (Ext. PW-1/A), F.I.R. No. 232/2008, dated 11.11.2008 (Ext. PW 10/A), was registered at Police Station Amb, Distt. Una (H.P.), under the provisions of Sections 498A and 306 of the Indian Penal Code, against the accused. Investigation was conducted by Dy.SP Surinder Sharma (PW-11) who after preparing inquest report (Ext.PW-7/B) sent the dead body for post-mortem which was so conducted by Dr. Nikhil (PW-7), who on the basis of report of the Sate Forensic Science Laboratory Junga (Ext.PW-7/C), issued port mortem report (Ext. PW-7/D), opining the deceased to have died on account of chemical poisoning. Investigation revealed that accused had subjected the deceased to cruelty and coerced and abetted her to commit suicide. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) Accused was charged for having committed offences punishable under the provisions of Sections 498-A, 302 and 306 of the Indian Penal Code, to which he did not plead guilty and claimed trial.