STATE OF HIMACHAL PRADESH Vs. BALWANT RAJ

JUDGEMENT

(1.) Aggrieved by the acquittal of respondent -accused vide judgment, dated 22.08.2012 passed by the learned Additional Sessions Judge(Fast Track Court), Kangra at Dharamshala, Sessions Trial No. S.C. No. 5 -J/VII/2011, in case FIR No. 228, dated 02.08.2010 registered under Sections 302 and 201 of the Indian Penal Code in Police Station Jawali District Kangra, the State has preferred present appeal with prayer to set aside impugned judgment and to convict respondent -accused under Sections 302 and 201 of the Indian Penal Code.

(2.) Mr. M.A. Khan, learned Additional Advocate General for the appellant -State has advanced arguments that there is sufficient circumstantial evidence on record to prove the guilt of respondent -accused under Sections 302 and 201 of the Indian Penal Code, and prayed for allowing the appeal to punish respondent -accused under sections 302 and 201 IPC whereas, Mr. Anup Chitkara, learned counsel for respondent -accused has vehemently submitted that the prosecution has failed to prove the case beyond reasonable doubt and there is no circumstance incriminating respondent -accused and has sought dismissal of the appeal by affirming the judgment of learned Additional Sessions Judge, Kangra at Dharamshala.

(3.) As per prosecution story, on 30.07.2010, PW -13 Inspector Parkash Chand had lodged rapat Ex. PW -13/A on receiving telephonic information that Usha Devi had committed suicide by hanging. After receiving the said information, PW -7 Additional Station House Officer Lekh Ram alongwith other police officials had visited the house of respondent -accused where dead body of Smt. Usha Devi was lying in the room. PW -1 Pappu Kumar and PW -2 Vinod Kumar both brothers of deceased, PW -3 Bidhi Chand, father of deceased, PW -4 Piungla Devi mother of deceased alongwith PW -15 Bikram Singh Panchayat Pradhan had also reached on the spot. On inquiry by the police, they had stated that there was no suspicion regarding the death of Smt. Usa Devi. In these circumstances, spot proceedings were completed by PW -17 Additional Station House Office Lekh Raj and after reaching Police Station, report Ex. PW - 13/B was lodged regarding proceedings under Section 174 of the Code of Criminal Procedure and sending dead body of deceased to Civil Hospital, Nurpur for postmortem. As per this report, respondent -accused, husband of deceased had gone to Dhameta by bus at 10.00 AM for finalization of engagement of his younger brother. At that time, beside deceased Usha Devi, her mother -in -law, 4 years old daughter and brother -in -law were at home. After leaving the house by husband, deceased Usha Devi had also left the house at about 10.30 -10.40 AM without informing anybody and when she did not return for quite a long time, her mother -in -law started her search here and there. When they did not found Usha Devi anywhere, respondent -accused was informed in this regard on mobile phone who had returned back and started search of deceased and he had found deceased Usha Devi hanging on a khair tree in jungle with her chunni at a distance of 600 metres. He had brought her at home with hope of her survival but she had already died. Parents of deceased were called on the spot and on interrogation parents of deceased had stated that there was no quarrel in the house of deceased nor deceased had ever made any complaint and deceased was visiting her parental house oftenly. The spot where deceased was stated to be found hanging was also visited by the parents and PW - 15 Bikram Singh with Police and respondent -accused and it had been found on the spot that where deceased was found hanging, the branch of tree was very strong at a height of 9 feet from the earth. It had been further reported that reasons for committing suicide were not clear by that time.