STATE OF H P Vs. AVDESH KUMAR SINGH

JUDGEMENT

(1.) This appeal is instituted by the State against the judgment dated 18.8.2010 rendered by the learned Additional Sessions Judge, Fast Track Court, Solan, in Sessions Trial No. 12 FTC/7 of 2009, whereby the respondent (hereinafter referred to as the "accused"), who was charged with and tried for offence punishable under Section 302 of the Indian Penal Code, has been acquitted.

(2.) The case of the prosecution, in a nutshell, is that on 21.5.2009, PW1 Mast Ram, son of Jamnu Ram, resident of Village Bagga, Tehsil Arki, District Solan, telephonically informed the Police Station, Bagga that the wife of his tenant (accused) was lying unconscious in her room. PW16 ASI Dhanender Singh along with PW8 HHC Amar Nath and Constable Dhani Ram visited the spot and found that wife of the accused was lying dead on her bed. Her husband (accused) and step son PW 19 Ashish Kumar were also present there. The photographs of the dead body were taken. The dead body was examined and thereafter, the same was sent for conducting the post-mortem. The Medical Officer at Arki gave the opinion that the deceased died under suspicious circumstances and hence, he referred the case to IGMC, Shimla for expert forensic opinion. The dead body was taken to IGMC Shimla, where the doctors conducted the post-mortem. The police took into possession broken gold nose pin, hair and one blood stained bed sheet from the spot and also recorded the statements of the witnesses under Section 161 Cr.P.C. The viscera and other parcels were sent for chemical examination to FSL, Junga and as per the report of FSL Junga, no poison was detected in the parcels. The final opinion was also obtained from the Department of Forensic Medicine, IGMC, Shimla and the doctors gave the opinion that the deceased died as a result of asphyxia due to manual strangulation. The accused was arrested.

(3.) Prosecution examined as many as 19 witnesses, in all, to prove its case against the accused. Statement of the accused under Section 313 Cr. P.C. was recorded, in which he pleaded that he has been falsely implicated. The trial court acquitted the accused vide impugned judgment dated 18.8.2010. Hence, the present appeal.