STATE OF HIMACHAL PRADESH Vs. SHARDA DEVI

JUDGEMENT

(1.) State has come in appeal against the judgment dated 29.2.2008 rendered by the Sessions Judge, Una in Sessions Case No. 12 of 2005 whereby the respondent-accused (hereinafter referred to as the "accused " for convenience sake), who was charged with and tried for offences punishable under sections 306 and 498-A of the Indian Penal Code, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that daughter of the complainant Som Nath was married to accused son Vinod Paul in accordance with Hindu rites at Nangal Jarialan Village in District Una in the year 1995. She started living in the matrimonial home. Her husband went abroad. For sometime, after the marriage, Anjana Devi's husband, mother-in-law and father-in-law, according to the complainant, treated her well. Thereafter, accused started ill treating and taunting her about domestic chores. As and when Anjana Devi went to the house of her parents, she complained to her parents that her mother-in-law always harassed her by taunting her on trivial matters. The marriage of complainant's younger son Ravi Kumar was solemnized on 28.11.2003. Anjana Devi and her husband also attended the marriage. At that time, complainant complained to his son-in-law about the conduct of his mother. The son-in-law gave an assurance that he would ask his mother not to harass Anjana Devi. On 15.3.2004, complainant received telephonic information that his daughter has died by consuming poison. On 17.3.2004, complainant reported the matter to the police. The police got the post-mortem conducted. Cause of death was consumption of phosphide poison. The police investigated the case and the challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution examined as many as 10 witnesses to prove its case against the accused. Statement of the accused under Sec. 313 Crimial P.C. was recorded. She denied having subjected Anjana Devi with cruelty or abetted her to commit suicide. The trial court acquitted the accused. Hence, the present appeal.