STATE OF HIMACHAL PRADESH Vs. YASHWANT SINGH

JUDGEMENT

(1.) This appeal has been filed against judgment dated 16.09.2008 passed by the Court of learned Additional Sessions Judge, Fast Tack Court, Shimla, in Sessions Trial No. 5 -S/7 of 2008, vide which, learned trial Court has acquitted the accused for offence under Section 304 -B I.P.C.

(2.) The case of the prosecution was that an FIR Ext. PD was registered on 02.08.2007 by Shri Laiq Ram Chauhan at Police Station, Kotkhai i.e. FIR No. 50/07, to the effect that he was resident of village Darkoti and an agriculturist by profession. He had three daughters and a son. His eldest daughter Sureksha (deceased) was married in the month of November, 2002 with accused Yashwnat Singh as per Hindu rites. The deceased and the accused were having a son namely Siwang from the said wedding, who was approximately three years old. The deceased had visited the complainant's house at village Darkoti in the month of March, 2007. She was residing in her matrimonial house in village Tahu. On 30.07.2007 at around 10.30 P.M. accused called the complainant on his mobile phone from Jubbal hospital and told him that Sureksha is seriously ill. Accused also conveyed to him that she had been referred to Indira Gandhi Medical College at Shimla for treatment. After some time, the complainant received a telephonic call from Richpal resident of village Tahu, owner of car No. HP -09 -1149 from Jubbal intimating the complainant that his daughter was unwell and had been referred to IGMC Shimla. The complainant gave a telephonic call to his cousin Mohinder Chauhan in Kharapathar. Mohinder Chauhan came to the complainant in his car and the complainant and his wife left for Jubbal in the car of Mohidner Chauhan. When they reached near village Sundli short of Jubbal, they spotted car No. HP -09 -1149 coming from the opposite direction. They signaled the car to stop. Sureksha was lying unconscious on the rear seat of the car and the accused alongwith his younger brother Dicky and driver Richpal were also in the car. The complainant tried to talk with Sureksha but in vain as she was not in her senses. Sureksha was shifted by them in their vehicle alongwith the accused. When they reached near Chalnehar, they realized that the body of Sueksha had become cold. On this, they rushed Sureksha to Kotkhai hospital for treatment. But the Doctor after examining her declared her as dead. After some time, 4 -5 residents of village Tahu including Jatinder Mehta and Joginder reached Kotkhai hospital. Body of Sureksha was taken in the morning to village Tahu and she was cremated on 31.07.2007. Thereafter, complainant alongwith other persons returned in car bearing registration No. HP -03 -1102 belonging to Mohinder Chauhan to village Darkoti. They found a discharge slip bearing registration No. 887/07 in the car. Vide this slip, Sureksha had been referred from Jubbal hospital to IGMC, Shimla and Medical Officer had mentioned in the discharge slip that the primary disease with which Sureksha was suffering was the consumption of organo phosphorous poison. On 29.07.2007 Sureksha informed the complainant on phone that she does not want to live in the house of her in - laws. According to the complainant, he believed that his daughter had consumed poison as the accused used to illtreat her for dowry and she ended her life due to the act and conduct of the accused who used to maltreat her and demand dowry. It was further mentioned that as they were in shock on account of the sudden demise of Sureksha and were being visited by the relatives to mourn the death of Sureksha, they could not come earlier to the Police Station to lodge the complainant.

(3.) Stomach wash of the deceased was taken into possession by the police and sent for chemical analysis to Forensic Science Laboratory, Junga, Himachal Pradesh. Report of the laboratory was obtained. As per opinion of the Medical Officer, Sureksha had died after consuming organo phosphorous insecticide poison.