STATE OF HIMACHAL PRADESH Vs. SURJIT SINGH

JUDGEMENT

(1.) The instant appeal has been preferred by State of Himachal Pradesh against acquittal of respondentaccused passed by learned Sessions Judge Solan, District Solan, H.P. in Sessions Trial No. 14-NL/7 of 2007, in case FIR No.108/2007, dated 26.04.2007, registered under Section 304-B of the Indian Penal Code read with Section-4 of Dowry Prohibition Act in Police Station Nalagarh, District Solan, H.P.

(2.) Investigating Agency in present case was set in motion by complainant PW-1 Lachhmi Devi by lodging FIR Ex.PW-1/A stating therein that her daughter deceased Kirna was married to respondent-accused on 21st May, 2005 and out of their wedlock, a child was born. After 6 months of marriage, her daughter had come to parental house and told her uncle Tulsi Ram that her husband was asking for money for opening a shop. PW-1 sent her daughter back without asked money. About two months thereafter deceased Kirna again came and complained to her uncle Krishan Chand that under influence of liquor, her husband used to beat her for not acceding to his demands. She again came and told her uncle Krishan Chand that respondent-accused was demanding scooter and used to beat and torture her. However, she again sent Kirna back to her in-laws. Thereafter, on 26th April, 2007 at about 2.00 AM firstly, her son-in-law i.e. respondent and thereafter his mother informed that Kirna is not feeling well. She asked them to take her daughter to hospital. At about 5.00 AM brother-in-law (Jeth) of deceased Kirna telephonically informed about death of her daughter Kirna and asked them to reach there whereupon she alongwith her brother and other villagers reached in the house of inlaws of her daughter and saw deceased lying on the bed with blood oozing from her nose. There were injuries on her arms. On inquiry, her father-in-law and mother-in-law replied that everything was evident to them and Kirna was stated to be suffering stomach pain.

(3.) On lodging complaint by PW-1 with police, postmortem of dead body was conducted on 26th April, 2007 at about 2.00 PM. After completion of investigation, challan under Section 304-B of Indian Penal Code read with Section-4 of the Dowry Prohibition Act was presented in the Court. On conclusion of trial, respondent-accused was acquitted by the trial Court.