STATE OF HIMACHAL PRADESH Vs. LABH SINGH

JUDGEMENT

(1.) State of Himachal Pradesh aggrieved by the judgment dated 23.5.2014 passed by learned Additional Sessions Judge, Kullu in Sessions trial No. 7 of 2014(2012) is in appeal before this Court. The complaint is that learned trial Court has failed to appreciate the evidence available on record in its right perspective and acquitted the accused erroneously. The findings of acquittal of the respondent (hereinafter referred to as the 'accused') are claimed to be contrary to the evidence as has come on record by way of the testimony of PW1 Chaman Lal, the brother of deceased, her father Shri Bidhu Ram PW4 and sister Smt. Jamuna Rana PW5. They all stated in one voice that the accused had been administering beating to deceased Chinta Mani and it is on account of that she consumed poison and committed suicide.

(2.) Deceased Chinta Mani had consumed poison on 7.3.2012. She was brought to Regional Hospital, Kullu and as per MLC Ext.PW9/J admitted there at 9:50 A.M. She later on died and information in this regard was given by HHC Ved Ram No. 228 on PAR duty in Regional Hospital, Kullu at 12:45 P.M. Rapat Ext.PW9/A came to be entered in police station. PSI Ashok Kumar (PW9) accompanied by HC Jai Singh and L.C. Ram Kali went to hospital to conduct inquiry in the matter. In the hospital PW1 Chaman Lal, brother of the deceased was present. He made statement Ext.PW1/A and reported that the deceased was married to accused four years prior to her death as per Hindu rites and customary ceremonies. One daughter was born to them out of this wedlock. After the marriage, the accused started beating the deceased under the influence of liquor. He had been torturing her not only physically but mentally also. He was advised not to do so on several occasions but of no avail. About one year prior to her death she had come to the house of PW1 and complained that her husband had been administering beating to her under the influence of liquor. Also that on one occasion he tried to set her on fire and to kill. She lived in his house for 12-13 days. He thereafter discussed the matter with her husband the accused and she was taken by him to the matrimonial home. The accused allegedly did not mend his behaviour and as the deceased was again beaten up by him, therefore, she went to Mohal to the house of her sister PW5 Jamuna Rana. There also she lived for a week and thereafter made to go back to the matrimonial home. It was, therefore, reported by the complainant party that Chinta Mani had committed suicide by consuming poison on account of being tortured mentally as well as physically by her husband, the accused.

(3.) On the basis of the statement Ext.PW1/A FIR Ext.PW7/B was recorded in Police Station, Sadar Kullu. PW9 had photographed the dead body. The photographs are Ext.P1 to Ext.P8. He also prepared the inquest papers Ext.PW9/B and Ext.PW9/C. He thereafter moved the application Ext.PW9/D to the Medical Officer for conducting post mortem of the dead body. After getting the post mortem conducted, the dead body was handed over to Gaytri Dutt, brother-in-law of the deceased vide memo Ext.PW9/E. Spot map Ext.PW9/F was prepared. One vial 'Nuvon' was taken in possession vide recovery memo Ext.PW2/A from the house of the accused. The photographs of the house Ext.P12 and Ext.P13 were also taken by PW9. The house was video graphed vide CD Ext.P14. The statements of the witnesses were recorded. The Chemical Examiner's report Ext.PW9/G and MLC of the deceased Ext.PW9/J were also collected from the hospital.