STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) By way of this appeal, State has challenged the judgment passed by the Court of learned Sessions Judge, Kinnaur at Rampur Bushahr, in Sessions Trial No. 24 of 2004 dated 21.05.2008, vide which, learned trial Court has acquitted the accused for commission of offences punishable under Sections 498-A and 306 I.P.C.

(2.) The case of the prosecution was that on 07.02.2004 complainant got a telephonic message at around 3.00 P.M. from his daughter Tilka Devi to the effect that his youngest daughter Satya Devi married to accused Sanjeev Kumar had died. On receipt of said information, complainant alongwith his sons Partap Singh, Ram Lal and one other person reached the house of the accused at Dhali at around 6.30 P.M. Complainant noticed that Satya Devi had injuries on her head, legs and other parts of body and he also noticed that body of the deceased was smeared in mud. As per the prosecution, Satya Devi was married to the accused about four years before her death. Accused enticed the deceased into marriage in a fair at Ani and out of the said wed lock, accused and deceased had two issues. Accused used to beat and maltreat the deceased under the influence of liquor and the deceased in fact had left the company of the accused about two years back and had resided in the house of the complainant for about 15 days. It was only on the persuasion of the of the accused that she accompanied the accused from the house of the complainant. Further as per the prosecution, in view of the injuries on the body of the deceased, complainant suspected that the deceased had been killed by the accused and on the basis of his complaint FIR was registered against the accused under Section 302 I.P.C.

(3.) After completion of the investigation, challan was presented in the Court and as a prima facie case was found against the accused, accordingly, he was charged for commission of offences punishable under Sections 498-A and 306 I.P.C., to which he pleaded not guilty and claimed trial.