STATE OF H.P. Vs. CHAND RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment of Sessions Court whereby the respondent who was sent up for trial for offences punishable under Sections 302 and 201 of the Indian Penal Code, has been acquitted.

(2.) RESPONDENT was alleged to have murdered his daughter-in-law named Parja Devi on 23-9-1992 by hitting her with a Danda and to have thrown the dead body into a khud. Matter was reported to the Police by Shri Lachhmi Dhar (PW1) Pradhan of the Panchayat vide written application Exhibit-PA. As per this application, two persons named Balu Ram and Sali Ram visited Lachhmi Dhar (PW1) on 23-9-1992 at about 1.20 a.m. (in the night) and told him that the deceased had jumped into the khud and her dead body had been found in that very khud. Prem Lal (PW17), Inspector/S.H.O., Police Station Sarkaghat went to the spot and conducted the inquest. He prepared the report Exhibit PW17/A per Whether reporters of the Local papers are allowed to see the judgment? which there were no external injuries on the dead body. Dead body was sent to the Referral Hospital, Sarkaghat where Dr. R.S. Jamwal (PW6) conducted the post mortem examination and found as many as eight injuries, detail where of is given herein below:

(3.) TRIAL Court acquitted the respondent holding that the opinion of the Doctor that the injuries were ante mortem appeared to be incorrect in the face of the testimony of Inspector Prem Lal (PW17) to the effect that there were no external marks of injuries on the dead body and also in view of the fact that there was a suicide note Exhibit PB, relied upon by the prosecution itself, per which the deceased had taken her life, because of her having committed theft of anklets from the house of a third person and it having been established that she was the thief.