STATE OF HIMACHAL PRADESH Vs. BHAGAL CHAND

JUDGEMENT

(1.) State has appealed against the judgment dated 6.10.2012 of the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, passed in S.T. No.13/2012, titled as State versus Bhagal Chand, challenging the acquittal of respondent Bhagal Chand (hereinafter referred to as the accused), who stands charged for having committed offences, punishable under the provisions of Sections 498-A and 306 of the Indian Penal Code.

(2.) It is the case of prosecution that accused Bhagal Chand was married to Lambi Devi (deceased). Through the wedlock, they also had a son named Suresh Kumar. Since 9.4.2011, Lambi Devi was not traceable. On 10.4.2011, her husband (accused) alongwith her brother Shashi (PW-2), lodged a missing report at Police Station Shahpur, District Kangra, H.P. On 11.4.2011, Lambi Devi called up her brother Shashi and informed him that she had run away from the matrimonial house as accused used to beat her. She disclosed that she was at Jawalamukhi (Jawalaji). Soon thereafter, Shashi (PW-2), his brother Ravi Kumar (PW-4) and accused went to Jawalaji, from where they brought her back. Ravi Kumar and the accused, first took her to Police Station Shahpur and thereafter to her matrimonial house.

(3.) In the morning of 12.4.2011, Ravi Kumar received information that Lambi Devi had committed suicide by pouring kerosene oil on her body. He informed the Police. Same day, preliminary investigation was carried out. Police got the postmortem conducted through Dr. Rattan Sagar, who prepared report (Ex. PW-10/D). On the basis of statement made by brothers of the deceased, police registered FIR No.46, dated 15.4.2011 (Ex. PW-1/A), against the accused, under Sections 498-A & 306 of the Indian Penal Code, at Police Station Shahpur. From the spot, one can containing kerosene oil, match box and other incriminating articles were recovered. They were sent to the Forensic Science Laboratory and report (Ex. PW-10/G) obtained by the police. Investigation revealed that deceased Lambi Devi was subjected to cruelty by the accused and as such challan was presented in the Court for trial.