STATE OF HP Vs. RAMESH KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment dated 3rd October, 1994 of learned Sessions Court, whereby respondent Ramesh Kumar, who was charged with and tried for offences, under Sections 498-A and 306,I. P. C. has been acquitted.

(2.) PROSECUTION case, as it emerges from the evidence on record, is like this. Deceased Kamlesh Kumari, a daughter of PW-4 Soma Devi, was married to the respondent in January, 1993. She consumed zinc phosphide, an insecticide, on 28-3-1993 around 8 a.m., at the house of the respondent in Haddi Mohalla, Kangra. She was rushed to the hospital at Kangra, immediately. Police was apprised of the admission of the deceased to the hospital, as a case of poisoning. PW-11 SI Meher Singh of Police Station. Kangra, went to the hospital. After ascertaining from the doctor that the deceased was fit to make statement, he recorded her statement Ext. PE. As per this statement, respondent suspected fidelity of the deceased and used to force her to agree for divorce. He even used to give her beatings. On the night intervening 27th and 28th March, 1993 also, he gave beatings to the deceased. Next morning, after the deceased served tea to the respondent, his mother, his brother and also herself took a cup of it, he (the respondent) started pressurizing her to agree for divorce and threatened that he would not accept her as his wife. Fed up with the repeated accusation of infidelity, the deceased, a per her statement Ext. PE, took the extreme step by consuming three portions of an insecticide, which she found in a box. On 29th March, 1993, the deceased died at 8.55 p.m. in Civil Hospital. Kangra. where she had been admitted on the previous day. Inquest was conducted by the police. Autopsy was conducted by PW-1 Dr. R. K. Verma. Viscera were sent to Chemical Examiner, whose report Ext. PB showed presence of zinc phosphide in the viscera.

(3.) PW-3 Binta Devi, a sister-in-law of the deceased, stated that once she had gone to the place of the respondent to get the deceased to her parental place, but the respondent started quarrelling with the deceased, saying that she had been having illicit relations with a boy of her parental place.