STATE OF H.P. Vs. SURENDER KUMAR

JUDGEMENT

(1.) The respondent, Surender Kumar hereinafter referred to as the accused, on having been tried for the offences under Section 498 -A and 306, Indian Penal Code, stands acquitted of such offences by the learned Presiding Officer, Fast Tract Court, Shimla, vide judgment dated 25.2.2004. The State has approached this Court under Section 378(3), Code of Criminal Procedure, for leave to appeal against the acquittal of the accused as recorded by the learned trial Court.

(2.) Briefly stated, the prosecution story is this. The accused was married to Smt. Sunita about 8 months prior to the occurrence, which took place on 20.12.1999. The said Smt. Sunita on that day was brought to I.G.M.C. Hospital, Shimla in an unconscious state. She was alleged to have consumed some poisonous substance. Information in this regard was given to the police. Smt. Sunita, while she was admitted in the Hospital died on 2.1.2000. Her statement could not be recorded by the Police since she was not found fit to make such a statement. Postmortem revealed that she had died due to aspiration of gastric contents on account of oregano phosphorous poisoning.

(3.) On the basis of the information received fret! the hospital about the deceased Smt. Sunita Devi having been brought in an unconscious state as a suspected case of poisoning, PW -8 Sub Inspector Bidhi Singh, the then Additional Station House Officer of Police Station, Boileauganj, went to the hospital. He, however, could not record the statement of the deceased as she was not found fit to make a statement. On the following day, that is, on 21.12.1999 he visited the house of the accused in village Jubar Hatti. He carried out a search there and during the course of such search nothing incriminating was found. He, however, happened to find one open envelope containing a letter from the drawer of the dressing table in the room of the accused. Such letter had been written by the deceased to the accused, that is, her husband wherein a complaint was made by her about the strained relations between them and there was an indication about the accused having extra -marital relations with one Reetu. On the basis of this letter (Ex. PA) PW8 on 25.12.1999 sent a rukka Ex. PF to the Police Station for the registration of the case under Section 498 -A, Indian Penal Code, against the accused. A case, accordingly, came to be registered on 25.12.1999 vide FIR No. 269/99 under Section 498 -A, Indian Penal Code. On the death of the deceased Smt. Sunita Devi, the offence under Section 306, Indian Penal Code, also came to be added.