STATE OF HIMACHAL PRADESH Vs. SATPAL

JUDGEMENT

(1.) State has appealed against the judgment dated 07.02.2011, passed by learned Additional Sessions Judge, Una, H.P., in Sessions Case No.19/2010/Sessions Trial No.15 of 2010, titled as State of H.P. Versus Satpal, challenging the acquittal of respondent Satpal (hereinafter referred to as the accused), who stands charged for having committed an offence punishable under the provisions of Section 306 of the Indian Penal Code.

(2.) It is the case of prosecution that Smt. Nisha Kumari (deceased) was married to accused Satpal, sometime in the year 2006. Soon after the marriage, accused subjected his wife to cruelty both physical and mental. A lso there were dowry demands. The matter was brought to the notice of the mediator Ram Dass (PW.4), who apart from the parents of the deceased, counselled the accused as also the deceased. But however, such atrocities continued to be perpetuated and as such on 15.07.2010, Nisha Kumari (deceased) committed suicide by consuming poison. Police received such information and Inspector Ruldu Ram Thakur (PW.7) reached the spot, where he recorded the statement of Om Prakash (PW.1), father of the deceased, which led to registration of FIR No.224/2010, dated 16.07.2010 (Ex.PW -6/A), by Amit Sharma (PW.6), against the accused, for commission of offence, punishable under the provisions of Section 306 of the Indian Penal Code, at Police Station Una, H.P. Inquest report (Ex.PC) was prepared and the dead body sent for postmortem, which was conducted by Dr. Daljeet Singh, who issued the postmortem report (Ex.PD). Investigation revealed complicity of the accused in the alleged crime. Hence, challan was presented in the Court for trial.

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