STATE OF HIMACHAL PRADESH Vs. RAM BHAJAN

JUDGEMENT

(1.) FOR offences, which are alleged to have been committed on 24th August, 2004, accused persons were put In terms of judgment dated 25th March, 2006, to trial. passed by learned Additional Sessions Judge, Fast Tack Court, Una, in Sessions Trial No.7/04 RBT 57/05/05 Whether reporters of the local papers may be allowed to see the judgment? 17/2004 RBT, titled as State versus Ram Bhajan and others, accused persons stand acquitted of the charged offences.

(2.) IT is the case of prosecution that deceased Praveen Kumari alias Sonu, daughter of Shri Mangat Ram (PW-8) and Smt. Raj Kumari (PW-7) was married to accused Shri Ram Bhajan on 19th February, 2000, according to Hindu customary rites. Right from the time of marriage, deceased was subjected to mental cruelty by the accused persons, i.e. husband Ram Bhajan (accused No.1), Smt. Gurdev Devi (accused No.2), mother of accused No.1, and Smt. Kashmiri Devi (accused No.3), mother of accused No.2. Accused would taunt the deceased for having brought insufficient dowry; not able to perform household work while she was living at the matrimonial house at village Saloh; not fulfilling the demand of Rs.10,000/- for construction of a house, at the time when deceased gave birth to a girl child: Also they considered the deceased to be of loose character and physically assaulted her on several occasions. Atrocities, physical and mental, were of such a nature and gravity that accused abetted the deceased to commit suicide on 24th August, 2002 by taking poison. Deceased was taken to the Zonal Hospital, Una, where she was first attended to by Dr. M.K. Pathak (PW-14), who issued MLC (Ex. PW-14/A). At that time she was alive and referred to the Rajindra Prasad Medical College, Kangra, Himachal Pradesh, where she was attended to by Dr. Suresh Sankhyan (PW-9) but could not survive. Matter was immediately brought to the notice of the police and HC Shri Pradhan Singh (PW-13) made an entry in the Daily Diary (Ex. PW-13/A) about the same. Parents of the deceased were informed about the incident, who also reached the hospital. Shri Des Raj (PW-16), Sub Inspector, Police Station Una, immediately proceeded to the spot and recorded statement, under Section 154 of the Code of Criminal Procedure (Ex. PW-4/A) of Smt. Raj Kumari (PW-7) who had reached the hospital. Ruka (Ex. PW-4/1) was sent to Police Station Sadar, Una, where SHO Inspector Shri Dharam Chand (PW-4) recorded FIR No.477, dated 24th August, 2002, (Ex. PW-4/B) under Sections 498-A, 306, 34 of the Indian Penal Code. Investigation was primarily carried out by SI Shri Des Raj (PW-16) and SI Shri Madan Lal (PW-17). Police prepared inquest report and got opinion from an expert, i.e. Dr. Suresh Sankhyan, Professor and Head of the Department Rajindra Prasad Medical College, Kangra at Tanda. Opinion (Ex. PW9/B) revealed that the deceased had died due to consumption of aluminium phosphide poison. Dr. S.K. Bansal (PW-10), Medical Officer, Zonal Hospital Una, conducted postmortem of the dead body, which corroborated the cause of the death, i.e. consumption of aluminium phosphide, leading to shock and cardio respiratory arrest. Postmortem report (Ex. PW-10/B) was taken on record by the police. Statements of the relevant witnesses were recorded by the police and necessary investigation, at the place of crime also conducted. Opinion of the Forensic Science Expert (Ex. PW- 10/C) was obtained by the police. With the completion of investigation, challan was presented in the Court for trial.

(3.) IN order to prove its case, prosecution examined as many as 18 witnesses and statements of accused persons, under Section 313 of the Code of Criminal Procedure were also recorded.