LAWS(HPH)-2009-12-1

BEENA KUMARI Vs. STATE OF H P

Decided On December 02, 2009
BEENA KUMARI Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Appellant Veena Kumari has appealed against the judgment, dated 30th September, 2008, of learned Additional Sessions Judge, Una, whereby she has been convicted of offence, under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000, in default of payment of fine to undergo rigorous imprisonment for a further period of one year.

(2.) Prosecution version, as per evidence adduced during trial, may be summed up thus. Appellant Veena Kumari while pursuing her studies used to commute daily between her parents village Polian Prohitan and an educational institution at Chakk Sarai. Often she travelled by a bus on which PW10 Dinesh Kumar was employed as a conductor. About two years prior to the occurrence (date of occurrence is 11th February, 2006) appellant and PW10 Dinesh Kumar developed some intimacy. In December, 2005, they married each other. Appellant belongs to Bhatti caste, which is included in the list of other Backward Classes while PW.10 Dinesh Kumar is a Brahmin by caste. For sometime after the marriage, appellant was kept at a place called Jawali by PW10 Dinesh Kumar, her husband. On 29th January, 2006, he took her to his parents place in village Seri in Tehsil Dehra of District Kangra. Within 2-3 days of her being taken by PW10 Dinesh Kumar to his parents' place, appellant started pressurizing the latter that she would do some job. PW10 Dinesh Kumar arranged a job for her in a school at Bankhandi. It appears that it was planned that on joining service in the school, the appellant would stay at Bankhandi and, so, some utensils and other household articles were purchased. The mother of PW 10 Dinesh Kumar opposed it. The appellant and the mother of PW10 Dinesh Kumar, namely Shakuntla Devi (deceased) quarrelled over the issue for two three days.

(3.) On 11th February, 2006, PW10 Dinesh Kumar left for his duty as usual. His mother deceased Shakuntla Devi and a niece named Neha, also deceased, were at home. Neha was the daughter of a deceased sister of PW10 Dinesh Kumar.