STATE OF HIMACHAL PRADESH Vs. RAJ KUMAR

JUDGEMENT

(1.) Aggrieved by acquittal of respondent-accused vide judgment dated 23.04.2015, passed by the learned Additional Sessions Judge (1), Mandi District Mandi, H.P. Camp at Sunder Nagar in Sessions Trial No. 07 of 2012 in case FIR No. 64/2011 dated 13.05.2011, registered under Sections 498-A and 306 of the Indian Penal Code in Police Station Sundar Nagar Mandi, H.P., the State has preferred present appeal with prayer to set aside impugned judgment and to convict respondent-accused under aforesaid sections.

(2.) On 13.05.2011 at about 12.20 AM, police machinery was set in motion by PW-2 Lal Singh and PW Bansi Ram (not examined) through telephonic message to Police Station, Sunder Nagar, District Mandi informing that Meera Devi (deceased) wife of accused had expired in suspicious circumstances. The said information was recorded as rapat No. 5/A dated 13.05.2011 Ex.PW-6/A and PW-10 Inspector Amar Chand alongwith Police officials including PW-9 ASI Tarlok Chand rushed to the spot where PW-1 Lalman, brother of deceased, made a statement Ex. PW-1/A under Section 154 Cr.PC stating therein that his sister deceased Meera Devi was married to accused about 20 years back and accused had been maltreating his sister for not delivering a child and dowry. However, after about 18 years of marriage, deceased delivered a son but despite that accused continued beating his sister under influence of liquor and for want of gifts from parents of deceased and as and when, after interval of 6-8 months, deceased visited her parental house, she had disclosed to him that accused was not desisting from beating her. About 8-9 months ago, on knowing that accused had beaten deceased very badly, he had rushed to their house alongwith his relatives. On 12.05.2011, at about 11.19 PM, he was telephonically informed by Jeet Ram about death of deceased whereupon he alongwith his brother accompanying relatives reached village Challoni in a Jeep and found dead body of deceased lying in the courtyard. On inquiring about it, accused told him that deceased hanged herself with rope on door of newly under construction house and he had brought deceased from the spot to the courtyard. It is alleged by PW-1 Lalman in his statement that his sister was subjected to beating and harassment by accused after marriage and accused compelled deceased to die and she committed suicide because of harassment and beatings in the hands of accused.

(3.) Aforesaid statement Ex. PW-1/A was sent to Police Station as 'Ruka' and on receiving said ruka, PW-7 SI Madan Lal lodged FIR Ex. PW-7/A and recorded endorsement Ex. PW-7/B in this regard on the ruka Ex. PW-1/A. Dead Body of deceased was sent for postmortem to Government Hospital, Sunder Nagar. PW-4 Dr. Rafia Banu conducted postmortem of deceased and Viscera was also sent to State FSL, Junga. As per report from State FSL no alcohol/poison was detected in liver, spleen, stomach, kidney and large intestine of the deceased. As per postmortem report Ex. PW- 4/A deceased died due to asphyxia as a result of hanging leading to cardio respiratory failure and death.