STATE OF H.P. Vs. SAMIR SOOD

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 25.4.2009 rendered by the Additional Sessions Judge (I), Kangra at Dharamshala in Sessions Case No. 4 -B/08 whereby the respondent -accused (hereinafter referred to as the "accused" for convenience sake), who was charged with and tried for offences punishable under Ss. 498 -A and 302 of the Indian Penal Code, has been acquitted.

(2.) Case of the prosecution, in a nutshell, is that on 23.7.2007 at about 4/4.30 P.M., mother of lady constable Anuradha (deceased) telephonically informed from village Thural that she has come to know that her daughter Anuradha has consumed poison and died. She suspected that her daughter has been killed. This information was recorded in the daily diary in the Police Station, Baijnath. Thereafter, SI Tameshwar alongwith police officials went to the spot. Statement of the mother of deceased Smt. Daya Kumari was recorded under Sec. 154 of the Code of Criminal Procedure vide Ex. PW -1/A. According to the contents of Ex. PW -1/A, deceased Anuradha was married with Samir Sood for the last 8 years. She was working in the Police Department. Accused started harassing Anuradha and she disclosed to her mother. Mother used to advise her daughter and her husband to live peacefully. Mother of the deceased further claimed in her statement that about 2 years back Anuradha informed her on telephone that she had taken poison. She asked her mother to take her child and when the mother alongwith other relatives Ashok Kumar and Ajmer Singh came to the house of deceased Anuradha, she disclosed that her husband Samir Sood used to harass her. She further asked her mother to accompany her, but after advising her daughter and son -in -law to live peacefully, mother came back. She further claimed that on 19.5.2007, husband of her daughter disclosed on telephone that he suspects the character of his wife and thereby called her to his house. She came to the house of her daughter. The husband of her daughter disclosed that his wife Anuradha used to go here and there during night and further levelled allegation of illicit relation with his driver. The husband used to take her entire salary. On 23.10.2007 at about 4.00 P.M., she was informed by her son -in -law Samir Sood that Anuradha has taken poison. Police Station, Baijnath was informed. Mother alongwith her husband and other relatives went to the house of accused where the dead body of Anuradha was lying. Cause of death was due to phosphide poisoning. Statement of one Rajinder Kumar was also recorded under Sec. 164 of the Cr.P.C. The police investigated the case and the challan was put up in the Court after completing all the codal formalities.

(3.) Prosecution examined as many as 23 witnesses to prove its case against the accused. Statement of accused under Sec. 313 Cr.P.C. was recorded. According to the accused, FIR has been registered under pressure of the police. The trial court acquitted the accused. Hence, the present appeal.