STATE OF HIMACHAL PRADESH Vs. SHYAM LAL

JUDGEMENT

(1.) This appeal has been filed against the judgment passed by learned Sessions Judge, Solan in Session Trial No. 13 -NL/7 of 2007 dated 9.4.2009, vide which the learned Trial Court has acquitted the accused for offence punishable under Section 304 -B of Indian Penal Code (in short 'IPC').

(2.) The case of the prosecution in brief was that accused was married to Surindera, (hereinafter to be referred as 'deceased'), daughter of Romesh Chand and Vidya Devi of village Duglu on 31.1.2005. The parents gave dowry to their daughter according to their capacity but accused was dissatisfied with dowry and started harassing her with a view to raise demand to her parents for Fridge, Colour TV and other items. The deceased on her visits to her parents used to tell them about the said behaviour and demands of the accused. On 6.5.2007, accused visited his in -laws at village Duglu, where his father -in -law told him that he was not in a position to meet his demands, but as and when he would be in a position he would meet his demands and he should not harass his daughter. Thereafter, accused returned to his house along with his wife. On the intervening night of 20 -21st May, 2007 at about 3:00 a.m. Jaswinder, brother of accused informed father of deceased that his daughter was seriously ill and requested him to come to his house. On this, Romesh Chand, father of deceased telephonically inquired from the neighbourhood of accused about the welfare of his daughter, who informed him that deceased was no more. When Romesh Chand came to know about the death of his daughter, he collected his village fellows and went to the house of accused and reached there in the morning on 21.5.2007. They found the deceased lying in a room in the house of accused. They inquired from accused as to what had happened. The accused initially kept quiet but later on informed that deceased had consumed poison. Romesh Chand asked accused to return all dowry articles, which were returned by him. Thereafter, one Kuldip who had accompanied Romesh Chand, telephonically informed the police about the manner of death of the deceased and police after making entry of the information so received, in the daily diary register, reached the house of accused. The police party was headed by Som Nath, SHO, who after inspecting the dead body, recorded statement of Romesh Chand under Section 154 Cr.P.C. and on the basis of the same, a case was registered under Section 304 -B IPC. Inquest report was prepared and photographs of the spot were also taken. Thereafter, Dy. Superintendent of Police, Nalagarh visited the spot and took over the investigation of the case. After complying all the formalities, challan under Section 304 -B IPC was prepared and presented in the Court of learned JMIC, Nalagarh, who committed the case to the Court of learned Sessions Judge, Solan for trial.

(3.) The accused pleaded not guilty and claimed to be tried.