STATE OF HIMACHAL PRADESH Vs. MURKI LAL

JUDGEMENT

(1.) The present appeal has been filed by the State against judgment dated 9.5.2008 passed by the Court of learned Additional Sessions Judge, Fast Track Court, Shimla Camp at Rohru in Sessions Trial No. 16 -R/7 of 2008, vide which judgment the learned Court has acquitted the accused of the offence alleged against him by holding that it will not be safe to hold the accused guilty on the basis of dubious and effete evidence led by the prosecution.

(2.) Briefly, the case of the prosecution was that on 30.6.2006 Dr. P.S. Rana, Medical Officer, Civil Hospital, Rohru, sent written information at about 8:10 a.m., to SHO Police Station, Rohru to the effect that Smt. Basanti Devi who has consumed poison has been brought to hospital. On the basis of the written information Ext.PW6/A. Rapat No. 5 was entered in the Police Station, copy of which is Ext.PW6/B. On the receipt of the said information, ASI Vikram Chauhan and other police officials of Police Station, Rohru immediately went to the hospital.

(3.) At the hospital, Sh. Jhabu Ram father of Smt. Basanti Devi made a statement under Section 154 Cr.P.C. Ext. PA, in which it was mentioned that the accused had tied the nuptial knot with his daughter, Basanti Devi, by enticing her about 12 -13 years ago and she had given birth to a daughter and a son, who were studying in 6th and 4th classes, respectively, from the loins of the accused. Accused Murki Lal runs a bookshop in Rohru and Smt. Basanti Devi and children were residing at Rohru only. The accused started maltreating Basanti Devi after some time of the marriage, as he doubted her fidelity. Whenever accused and his daughter used to visit the complainant, he used to advise them to live properly. For the last about one year the accused had started suspecting the chastity of his wife and used to remark that his wife roams unnecessarily. Because of the said ill -treatment of Smt. Basanti Devi at the hands of the accused, she left his house in the month of November, 2005 and came to her matrimonial home. Since then, she was residing in the house of the complainant at village Koti and the children were putting up with the accused. As per complainant, Smt. Basanti Devi had told him that accused used to batter her and asked her to divorce him so that he could remarry. The accused used to visit Smt. Basanti in the house of complainant twice a month and used to force her for divorce. Accused asked Smt. Basanti for dissolution of the marriage in the presence of complainant, failing which he threatened to kill her and her parents. Complainant had further stated that once accused had sent a message through Smt. Binta to his wife to come to Rohru for divorce. On 29.6.2006, accused came alone to his house at village Koti at about 7:00 p.m. In the night, he stayed in village Koti and asked Smt. Basanti to divorce him and also threatened her. On account of this, she was under tension and on 30.6.2006 at about 6:30 a.m., complainant's wife Smt. Kanku Devi, daughter -in -law Smt. Bimla and accused told him that Smt. Basanti Devi had consumed poison. Smt. Basanti Devi was immediately brought to CHC, Rohru where she passed away. Thus, Smt. Basanti Devi committed suicide on account of harassment meted out to her by the accused, who instigated her to take such extreme step.