AJIT SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24-2-1996 passed by the learned Additional Sessions

(2.) Case of the prosecution in brief is that Usha Devi (since deceased) was married to accused No. 1 in the month of September, 1993. For a few months relations between them remained cordial, but thereafter the accused persons started harassing said Ushal Devi on the allegation that she was corrupt. Therefore, Usha Devi on several occasions went to her partent's house and complained about the harassment meted out to her to her mother, Mangri Devi (PW-3) and sister-in-law, Bimla Devi (PW-4). About 15 days before 5-4-1994 due to such harassment she had come to her parent's house. On the next day accused persons also came to their house and took Usha Devi to their house. On 1-4-1994 brother of Usha Devi, namely Daulat Singh (PW-1) received a message from accused No. 1 to come to Darka because the accused intended to effect divorce between Ajit Singh and Usha Devi. Daulat Singh (PW-1), his mother, Mangri Devi (PW-3) and Narain Singh (PW-6) uncle of Usha Devi went to Darka. Accused persons, Usha Devi and two other persons from Dugi Lag met them at Darka. At that time Usha Devi disclosed that she wanted to reside in the house of her parents and not in her matrimonial house. However, accused Nathi Devi pursuaded Usha Devi, to accompany her to her matrimonial house which Usha Devi finally did and the brother, mother and uncle of Usha Devi returned back to their house. On 3-4-1994, Usha Devi again came to her parent's house, stayed there for some time and went back. During her short stay, she had been complaining about her harassment by the accused persons without any rhyme or reason. On 5-4-1994 Daulat Singh (PW-1) came to know from one Surinder Singh (PW-7) that dead body of a woman was lying in Naseri Het Jungle. Therefore, Daulat Singh along with other villagers went to the spot and found that dead body was of her sister, Usha Devi. He then made a statement under Section 154, Cr. P.C. Ex. PW-1/A to the police on the basis of which F.I.R. Ex. PW-9/A was registered in police station, Kullu. As per the F.I.R. Daulat Singh (PW-1) has reported that Usha Devi had committed suicide because of the harassment meted out to her by the accused persons. In the meanwhile one Kamal Thakur (PW-11), who had seen the dead body on 5-4-1994, but could not identify it, reported the matter to the police vide report Ex. PW-11/A. Inspector Paras Ram (PW-12) the then S.H.O., Police Station, Kullu on receipt of information vide report Ex. PW-11/A, proceeded to the spot where Neerat Singh (PW-2), father of Ushal Devi and her brother-in-law Bhagat Ram were already present. He prepared the inquest report Ex. PW-2/A and site plan Ex. PW-10/A and sent the dead body to District Hospital, Kullu for postmortem, which was conducted by Dr. G. D. Gohar (PW-5) and the postmortem report prepared by him is Ex. PW-5/B, opining that deceased had died of poisoning, but the final opinion was reserved by him till the receipt of report from chemical examiner. At the time of postmortem he collected the viscera etc. of the deceased which were sent to the Forensic Science Laboratory, Bharari, Shimla. The report received from the said laboratory is Ex. PW-5/A about the analysis of the viscera opining that organo phosphorus was found in the viscera. The investigating officer also took in possession from the spot a few hairs along with rubber band, one stopper containing words "Alenbic", some vomitted substance and the Chappal vide memo Ex. PW-1/B. A sample of the hairs of Usha Devi was also taken in possession by the investigating

(3.) The accused came to be tried on a charge under Sections 498-A, 306 read with Section 34 of the Indian Penal Code by the learned Additional Sessions Judge, Kullu.