STATE OF H.P. Vs. HARJEET SINGH AND ORS.

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgment dated 22.3.1996 delivered by the learned Addl. Sessions Judge -I, Kangra at Dahramshala, Camp at Una, in Sessions Case No. 15/94, RBT No. 14/94, whereby he acquitted the accused of having committed offences punishable under Sections 306, 304B & 201 read with Section 34 of the Indian Penal Code.

(2.) THE admitted facts are that Smt. Achhri Devi was married to accused Harjeet Singh. Accused Krishan Chand, Inder Jeet Singh and Sharda Devi are the brothers and sister of accused Harjeet Singh. Accused Prito Devi is the mother of accused Harjeet Singh.

(3.) ADMITTEDLY , the death of the deceased Achhri Devi took place within the seven years of marriage. However, the provisions of Section 304B are only attracted where the death of a woman is caused by burn or bodily injury or occurs otherwise than under normal circumstances. Every case of death within the seven years of marriage will not attract the provisions of Sections 304B IPC or 113B of the Indian Evidence Act. To prove an offence under Section 306 IPC, it is incumbent upon the prosecution to prove that the deceased committed suicide.