STATE OF HIMACHAL PRADESH Vs. PAWAN KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment of the trial Court (Sessions Judge) whereby respondent Pawan Kumar, who was tried for offences punishable under Sections 304-B and 498-A IPC, on the report of the Police, has been acquitted.

(2.) PROSECUTION case, as it emerges from the record, may be noticed first. Deceased Sanjiv Bala, a resident of Hoshiarpur was married to the respondent on 22.5.1987. Certain shares of HINDALCO industries, Bombay, were purchased in the name of the deceased by her father in the years 1981 and 1982. Total number of the shares was 283. The said shares had been purchased with the intention that at the time of the marriage of the deceased, the same would be sold and the sale proceeds utilized to bear the expenses of her Whether reporters of the local papers may be allowed to see the judgment? marriage. At the time of the marriage, the brother of the deceased, PW-3 Jai Gopal, received a part of the value of those shares from certain persons. However, signatures of the deceased on transfer papers were not obtained at that time. Her signatures were sought to be obtained in the month of August, 1987. The transfer papers were sent to PW-2 Krishan Kumar, the husband of a sister of the mother of the deceased, who lives in Shimla alongwith a letter wherein a request was made to the said Krishan Kumar that signatures of the deceased be obtained on those papers and thereafter the same be returned. PW-2 Krishan Kumar went to the house of deceased Sanjiv Bala in Middle Bazaar Shimla. The respondent was at home at that time. When PW-2 Krishan Kumar presented the papers to Sanjiv Bala and asked her to put her signatures thereon, the respondent declared that he had not been given proper dowry and that, therefore, the shares belonged to him and the deceased would not sign the papers for their transfer. Not only this, he threw the papers in rage.

(3.) OF the sister of the mother of the deceased as also PW-2 Krishan Kumar. received a telephonic call at his working place in Shimla from the respondent that the deceased had died. The time was around 11.15 a.m. PW-1 Rakesh Kumar went to the house of the respondent and found that the deceased was lying dead on the central table in the room. He also noticed some blood under the table and some marks on her face and gathered the impression that the death was unnatural. He then went to his father PW-2 Krishan Kumar and discussed the matter with him. At 3 p.m., he alongwith some relatives, including PW-5 Kuldeep Kumar, a Municipal Councillor, went to the Police Station to lodge the report. The Police recorded his report, copy Ext.PW7/A, in the Daily Diary. PW-9 Sub Inspector Madan Lal of Police Station, Sadar, where the aforesaid report was entered went to the spot. He got the scene photographed. He took into possession a bed-sheet, a pillow cover, a nose-pin, a shirt, a Salwar and a brassier of the deceased which were smeared with vomited matter, vide Memo. Ex. PW-1/A. He conducted inquest and prepared report Ex. PW-4/A. The dead body was sent to the Indira Gandhi Medical College-cum-Hospital, for postmortem examination.