STATE OF HIMACHAL PRADESH Vs. PINKI DEVI

JUDGEMENT

(1.) By way of the present appeal, the State has put challenge to Judgment dated 27.2.2008 rendered by the learned Additional Sessions Judge -I, Kangra at Dharamshala, HP, in Session Case No. 27 -B/2005, whereby respondent -accused (hereinafter referred to as 'accused' for convenience sake) was charged with and tried for offences under Ss. 306 and 498 -A IPC, alongwith another accused Swarup Singh. Accused Swarup Singh died during the pendency of the trial. Respondent Pinki Devi was acquitted by the learned trial Court.

(2.) Case of the prosecution, in a nutshell, is that one Neema alias Anita Devi daughter of complainant Sena Devi was married to Swarup Singh resident of village Chobin in June 1998 as per Hindu rites. After their marriage, both were residing together as husband and wife and were having cordial relations for a few years. Thereafter, accused Swarup Singh started beating deceased and started quarrelling with her on small matters. For about two years prior to the death of deceased, accused Swarup Singh had given her beatings about which complainant Sena Devi had made report to the Gram Panchayat Chobin, on which Pradhan, Gram Panchayat, Chobin had prevailed upon the accused Swarup Singh and his wife (deceased) and after making them understand, compromise was effected in between them. On 4.2.2004, accused Swarup Singh had returned from Calcutta. On 14.3.2004, Jyoti, younger daughter of the complainant Sena Devi, telephoned deceased to know about her well being. Deceased at that time also told about the beatings given to her by the accused. Complainant had also talked to Neema @ Anita over the phone and she had disclosed to her that her husband Swarup Singh had developed illicit relations with his sister -in -law, Pinki (accused No. 2) and whenever she objected to it, she was beaten by her husband, accused No. 1. Due to the illicit relation of accused with each other, Swarup Singh started beating and harassing her. She committed suicide in village Chobin and ended her life. Police was informed on 16.3.2004. SHO visited the spot. Statement of the complainant was recorded vide Ext. PW -2/A. FIR was registered. SHO took photographs Ext. PW -4/A to Ext. PW -4/E. Inquest papers were prepared. He also prepared spot map. Rope Ext. P -1 was taken into possession. Dead body was sent for post -mortem examination. Post -mortem report is Ext. PW -1/B. Room of the deceased was searched. Statements of witnesses were recorded. On 22.3.2004 diary Ext. PW -6/B and application Ext. PW -6/C were produced by Ranjit Singh, brother of the deceased before the police. On 29.3.2004, Sena Devi produced letter Ext. PW -1/C of the accused before the police alongwith its envelope Ext. PW -2/D, which was taken into possession by the police vide memo Ext. PW -2/B. This letter was stated to have been written by accused Swarup Singh to the deceased on 24.3.2004. Case property was sent by the MHC to FSL Junga for chemical analysis through HHC Jagdish Chand. Reports of the FSL Junga are Ext. PW -9/B, Ext. PW -10/A and PW -10/B. Police also moved application Ext. PA before the JMIC Baijnath for taking handwriting and signatures of accused Swarup Singh for comparison with Ext. PW -9/A but he refused to give such writing and his statement Ext. PC was recorded by the learned JMIC. Investigation was completed. Challan was put in the Court after completing all the codal formalities.

(3.) Prosecution has examined as many as fourteen witnesses to prove its case against the accused. Accused were also examined under Sec. 313 CrPC. They pleaded innocence. Accused No. 1 Swarup died during the pendency of the trial. Proceedings against him had abated vide order dated 21.1.2008 by the learned trial Court. Accused No. 2 was acquitted. Hence, this appeal by the State.