LAWS(HPH)-2005-7-27

SANJEEV KUMAR Vs. STATE OF H.P.

Decided On July 19, 2005
SANJEEV KUMAR Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THE applicant has been booked for offences, under Sections 306 and 498A read with Section 34 of the Indian Penal Code, along with his mother and a brother at police station Bharari, District Bilaspur.

(2.) THE accusation against the applicant and other accused is that they ill -treated and tortured deceased Anita Devi, who was married to the present applicant about four years back. On 22.4.2005 she died of poisoning. The father of the deceased lodged a report with the police alleging that soon after the marriage, the present applicant, his mother, elder brother and some more members of his family started ill -treating the deceased for having not brought sufficient dowry. Often, the deceased used to complain to her father about her ill -treatment and torture at the hands of the applicant and other members of her in -laws ' family. On 15.4.2005 the deceased went to her father 'splace for the last time. During this visit also she complained to her father that she was ill -treated by her in -laws for not bringing dowry. The next following day, the applicant accompanied by a friend named Bitu, went to his in -laws where the deceased had gone. He returned to his place the same night. The next following day the deceased went back to her in laws ' place. On 22.4.2005 around about 2.30 p.m., the father of the deceased was informed telephonically by one Satish Kumar, a co -villager of the applicant, that Anita Devi had died. Post -mortem examination was conducted. The doctor opined that the death had taken place due to asphyxia caused by poisoning.

(3.) I have heard the learned Counsel for the applicant as also the learned Deputy Advocate General for the Respondent -State.