STATE OF HIMACHAL PRADESH Vs. DHARAMVEER @ KAKU

JUDGEMENT

(1.) By way of this appeal, State has challenged the judgment passed by the Court of learned Additional Sessions Judge, Una, in Sessions Case No. 13 of 2009 dated 19.12.2009, vide which, learned trial Court acquitted the accused for commission of offence punishable under Section 306 of Indian Penal Code.

(2.) The case of the prosecution in brief was that deceased Rekha Rani, who was resident of village Pandoga reached Police Post, Pandoga, on 26.06.2008 at 1.00 P.M. after having consumed some poisonous substance and one constable and PW-11 Bhupinder Dogra rushed her to PHC Bhadsali. Keeping in view her precarious condition, she was immediately referred to Regional Hospital at Una, where she was examined by PW-14 Dr. Vipan Chander Sharma, however, she unfortunately died on the same day. Her uncle PW-15 Dharam Singh who was the only person available at home came to know from a police constable that one girl who was taking name of his brother Gurmeet Singh had consumed some poison and was at Police Post Pandoga. Further as per prosecution, by the time PW-15 Dharam Singh reached the Police Post, Rekha Rani had been shifted to PHC Bhatsali, from where she had been further sifted to Regional Hospital, Una and he accompanied the deceased. This fact was conveyed to her father by PW-15. He also asked father of the deceased not to come to the hospital. Further as per prosecution, when PW-15 reached home, father of deceased PW-1 Gurmeet Singh showed him a letter which was found lying in the backside of his house. This letter Ext. PW1/A was stated to have been scribed by the deceased. Statement of PW-1 was recorded under Section 154 Cr.P.C. on the basis of which First Information Report Ext. PW15/A was registered at Police Station Haroli. Accused was arrested on the same date. Letter Ext. PW1/A was seized vide seizure memo Ext. PW1/C. Autopsy report of the deceased was collected by Investigating Officer and during the course of investigation, PW-20 HC Ravinder Singh collected the admitted handwriting of the deceased and the extract of register maintained in the Co-operative Society, Pandoga, which bore the signatures of the deceased vide Ext. PW1/F. As per postmortem report Ext. PW13/C, deceased had died due to Phosphide Gas poisoning. Report of Assistant Director, FSL, Junga, stated that the signatures and the admitted handwriting of the deceased and the letter Ext. PW1/A was written by one and the same person.

(3.) After completion of the investigation, challan was filed in the Court and as a prima facie case was found against the accused, he was charged for commission of offence punishable under Section 306 of Indian Penal Code, to which, he pleaded not guilty and claimed trial.