KAMAL DEV Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner is an accused in a case registered against him vide FIR No. 241/15 under Sec. 306 of the Indian Penal Code in Police Station, Ghumarwin, District Bilaspur on 26.12.2015. Learned Additional Advocate General has placed on record the police report and the IO Sub Inspector Roshan Lal of Police Station, Ghumarwin has produced the record.

(2.) The occurrence pertains to 25.12.2015 when one Anita Thakur informed the police of Police Station, Ghumarwin, District Bilaspur that one lady outside her house at Chehad is abusing her. She sought the intervention of the police in the matter. Consequently, the IO Sub -Inspector Roshan Lal accompanied by Head Constable Prakash Chand, Constable Rakesh Kumar and lady Constable Pushpa Devi rushed to the spot. They noticed that Anita Devi (since dead) is lying there in an unconscious condition. She was removed by the police to the hospital at Ghumarwin where she was declared dead. Information was given to her brother Sh. Om Prakash of Village Sihda (Chehad) Tehsil Sadar, District Bilaspur over his cellphone. Said Sh. Om Prakash came to the spot and made the statement that the deceased was married to Rajesh Kumar of Village Hambot, District Biaspur in the year 2000. She lived with her husband at Adillabad in Andhra Pradesh during the period, 2000 -2014. One male issue master Shaurya Sharma was born to her in the year 2005. In the year 2014, she returned to Ghumarwin and one Anil Kumar(Mintoo) proclaimed that he will arrange some land and a house for her if she pay a sum of Rs. 15,00,000/ - to him. He seems to have failed to do so, which resulted in certain disputes amongst them including registration of FIR under Sec. 376 IPC by her against said Sh. Anil Kumar. It is thereafter she started residing in the house of one Gurdass Singh at Village Bajoha (Ghumarwin) along with her minor son Shaurya. Accused -petitioner used to come to her quarter off and on proclaiming himself to be her body guard. The complainant further disclosed to the police that he has every reason to believe that his sister has committed suicide after being tortured and harassed by accused -petitioner Kamal Dev.

(3.) On the statement so made by Sh. Om Prakash, the police has registered a case under Sec. 306 of the Indian Penal code against the accused -petitioner. The petitioner has been arrested by the police on the day of occurrence itself i.e. 25.12.2015 and presently he is in judicial custody.