(1.) Assailing the judgment dated 29.04.2010, passed by learned Addl. Sessions Judge (II), Kangra at Dharamshala, Distt. Kangra, H.P., in Sessions Case No. 1- J/VII/2009, titled as State of Himachal Pradesh vs. Sanjeev 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 on 17.7.2008, Smt. Jeevna Devi consumed poison in her matrimonial house. She was taken to the Community Health Centre, Fatehpur by her husband i.e. accused Sanjeev Kumar where she was examined by Dr. Satnam Singh (PW-4). The matter came to be reported to the police and ASI Mohinder Paul (PW-10) rushed to the hospital, who after obtaining certificate of fitness (Ext. PW-4/B) recorded statement (Ext. PW-7/A) of Jeevna Devi, which was sent through Const. Mohinder Singh and accordingly F.I.R. No. 144/2008, dated 18.7.2008 (Ext. PW-11/A) came to be registered at police station Jawali, Distt. Kangra, H.P. against the accused under the provisions of Sections 498-A of the Indian Penal Code. Though the victim was further referred to the Civil Hospital Nurpur, but instead taken to a private hospital, at Pathankot where she expired. Post mortem of the dead body was conducted by Dr. Anju Lath (PW-1) and Dr. Ashutosh Joshi (PW-3) who issued reports (Ext. PW-1/B and Ext. PW-1/C). Investigation revealed that since inception of their marriage, in the year 2003, accused had been subjecting the deceased to mental and physical cruelty, which eventually prompted her to take away her life. As such, challan was presented in the Court for trial.
(3.) Accused was charged for having committed offences punishable under the provisions of Sections 498-A and 306 of the Indian Penal Code, to which he did not plead guilty and claimed trial.
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