STATE OF H P Vs. SHEIKH MOHAMMAD

JUDGEMENT

(1.) Respondent was acquitted for the offences punishable under Section 498-A and 306 Indian Penal Code by the learned trial Court which has been challenged in this appeal by the State.

(2.) Heard and gone through the record.

(3.) Precisely, facts giving rise to the present appeal can be stated thus. Deceased Seema Begum was the daughter of PW3 Salamti Begum and sister of PW4 Nek Mohammad. She was married to accused-Respondent in the month of November, 1996. From this wed-lock, she gave birth to two twin issues. Respondent was working at Indore (M.P.). Deceased was also taken to that place and remained there for some time. Thereafter accused came to his native place. The deceased visited the house of her parents to participate in the marriage of Sardarn Bibi daughter of her uncle but the accused did not visit them. The deceased is alleged to have over-stayed in the house of her parents by one day. When she came to her matrimonial home along with her brother PW4 Nek Mohammad, it is alleged that when she tried to touch his feet, she was not allowed rather accused told her brother that she should be taken back along with him lest he would hear something unpleasant. When PW4 Nek Ram returned to his house, he informed about this fact to his mother. After about four days, the deceasaed consumed poison, i.e. aluminum phosphide. Thereafter she was taken to PW2 Dr. Dinesh Sharma where she was got medically examined and she was found conscious well oriented to time and place but her pulse was feeble. However, he informed the police but in the meantime, she died on 12.2.1998.