STATE OF H P Vs. SANTOSH KUMAR

JUDGEMENT

(1.) THE respondents were tried and acquitted for an offence, punishable under Section 498-A of the Indian Penal Code, by the learned trial court by the impugned judgment dated 1.5.1998, which has been assailed by the appellant-State in the present appeal, on the grounds that the learned trial court did not appreciate the evidence of the prosecution in its right perspective and if the statements of PWs 1 and 3 are gone into, it proves the case of the prosecution in its entirety.

(2.) THE facts in brief are that Naresh Kumari (deceased) was married to Santosh Kumar respondent No.1 on 5.3.1991. She died on 7.10.1992 of burn injuries in the B.B.M.B Hospital, Talwara. Her father Shanti Saroop was informed when Naresh Kumari was admitted in the Hospital. He met her there and after seeing her condition, reported the matter to the police and alleged the maltreatment. The allegations of demand of dowry were imputed in his statement, recorded under section 154 Cr.P.C., which culminated into the FIR. Naresh Kumari is stated to have made a dying declaration Ex.PW10/B in the hospital. Autopsy of her dead body was performed on 8.10.1992. In the opinion of the Doctor, she had died on account of 80% burn injuries, which caused septicemia to severe malnourishment, as a sequel to the burns. After completing investigation, the challan was presented by the police under Section 498-A of the Indian Penal Code and the respondents were put on trial.

(3.) UPON going through the evidence on record and hearing the learned counsel for the parties, the learned trial court acquitted the respondents i.e. her husband and mother-in-law.