STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) State has appealed against judgment dated 14.3.2012 rendered by learned Sessions Judge, Fast Track Court, Kangra at Dharamshala, in S.T. No. 3/12, whereby respondents-accused (hereinafter referred to as 'accused' for convenience sake), who were charged with and tried for commission of offence under Sections 498A/306/34 IPC, have been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 24.11.2006, Dalip Chand lodged a case against the accused persons with the allegations that his daughter Rajani Devi was married to accused Pawan Kumar on 3.8.2006, as per Hindu rites and customs. It is further alleged that after 15 days of marriage, accused Pawan Kumar along with his mother Kesari Devi, brother Kuldeep Kumar and Bhabhi Anu Kumari, brother-in-law Sanjay and sister Champa Devi started torturing, harassing, giving beatings and not providing proper meals to Rajani Devi for bringing insufficient dowry. It is alleged that he was told by his daughter in this regard through telephone and he asked his daughter that he will talk with the accused persons and make them able to understand the matter. He went to the matrimonial home of his daughter and asked the accused persons not to torture and harass his daughter but, even then, they did not stop torturing and harassing his daughter. His daughter, on 11.11.2006, came to his house from Ludhiana along with her husband. She appeared unhappy and was saying that she will not go to her matrimonial home but he was able to make her go to her matrimonial home. On 24.11.2006 at about 6.45 PM, he came to know through Vivek Sharma that Rajani Devi has committed suicide by hanging. It is alleged that his daughter committed suicide as she was harassed by the accused persons. He along with his family members went to the matrimonial home of his daughter. Inquest report was prepared and post-mortem was got conducted. Matter was investigated and challan was put up in the Court after completing all codal formalities.

(3.) Prosecution has examined as many as 18 witnesses to prove its case against the accused. Accused were also examined under Sec. 313 Crimial P.C. Accused denied the case of the prosecution. Accused were acquitted. Hence, this appeal.