RAMESH KUMAR Vs. SHASHI BHUSHAN & OTHERS

JUDGEMENT

(1.) The present appeal is maintained by the appellant against the acquittal of the accused respondents No. 1 to 3 (hereinafter called as 'the respondents') acquitting the accused persons in Sessions Case No.10/2008, under Sections 498 -A, 306, 34 IPC, Police Station, Bangana, FIR No.12/08, and granting them the benefit of Probation of Offenders Act. After their conviction under Section 498 -A IPC read with Section 34 IPC, the State has been made party as respondent No.4.

(2.) Briefly stating the facts giving rise to the present appeal, as per the prosecution story, are that on 03.2.2008, complainant Ramesh Kumar made telephonic call to the police that his daughter Kiran Bala had died in her in -laws house in suspicious circumstances, on which ASI Kaur Chand alongwith H.C. Vipan Kumar, HHC Purshotam Singh, HHC Rakesh Kumar, LC Anita Devi and HHC Kishori Lal went to village Dargehri where Ramesh Kumar made a statement under Section 154 Cr.P.C. to the police that he had two daughters and a son. The marriage of his elder daughter, Kiran Bala, was solemnized with the accused, Shashi Bhushan, on 10.12.2006 in accordance with Hindu rites and ceremonies. At the time of marriage, Tarlok Chand, father of the accused, Shashi Bhushan, disclosed that they owned a bus. After the marriage, said Tarlok Chand gave that bus to his son -in -law namely Pawan Kumar. Upon this a dispute had arisen between them. The in -laws of his daughter started blaming Kiran Bala for the same. Her husband Shashi Bhushan, her mother -in -law Kanta Devi and sister -in -law Kumari Bandana Devi used to humiliate and taunt her on the pretext that she was not lucky for them and that the peace of the family has been lost after her marriage. They also used to beat her and called her as 'Manhoos' and also for many days the accused persons had even stopped talking with her. Kiran Bala disclosed these facts to him. She also disclosed that the accused namely Shashi Bhushan was having illicit relations with a woman and the family members were also aware of the fact. It has further been alleged that on 3.2.2008, at about 2.52 a.m., the father -in - law of Kiran Bala informed him telephonically that she had committed suicide by hanging herself. When he alongwith other people reached in the house of the accused, he was told that mother -in -law of Kiran Bala had put her dead body in her lap and her husband Shashi Bhushan had put his arms around her neck. He was only allowed to see her face. He saw the ligature mark on the neck of the deceased Kiran Bala and there were contusion marks on her neck and he suspected that either the accused persons had killed her daughter or forced her to commit suicide. On the basis of the statement of complainant Ramesh Kumar FIR Ex.PW6/B was recorded. During the course of investigation, the police recorded the statement of the witnesses, the photographs of dead body were clicked and spot map was prepared, the police also took into possession the clothes of the deceased and other incriminating articles. Suicide note and note book written by the deceased, were also taken into possession by the police. Post -mortem of the dead body was also conducted. On receipt of the report of F.S.L., the challan was presented in the Court, which was assigned to the Judicial Magistrate Ist Class, Court No.1, Una. The learned Magistrate supplied the copies of the challan to the accused persons under Section 207 Cr.P.C. and thereafter, committed the case vide order dated 20.4.2009, to the Court of learned Sessions Judge, Una, who thereafter assigned the case to the Ld. Additional Sessions Judge, Una for its trial.

(3.) We have heard the learned counsel for the appellant and also the learned counsel appearing for the respondents as well as the learned Additional Advocate General for the State -respondent and also have gone through the record of the case in detail.