Decided on December 12,1997

STATE OF H P Appellant
KISHORI LAL Respondents


A.L.VAIDYA, J. - (1.)THE present respondent Kishori Lal is the husband of deceased who had been tried under Sections 306/498 -A IPC and after trial, has been acquitted.
(2.)SMT . Kapuri Devi, deceased, was the legally wedded wife of accused who, at the time of occurrence, was serving as driver in Delhi. The deceased, after the marriage, had been residing in the joint family of the deceased, which consisted of his parents and brothers. It was on April 10, 1990, as per prosecution case, that the deceased had gone to the fields from her house in order to bring some clay. As she did not return till late in the evening, the mother -in -law of the deceased suspected that the deceased might have gone to the house of her father situated in village Bahl as the deceased was alleged to be in the habit of visiting her parents frequently. The father -in -law of the deceased then sent Smt. Chanchlo Devi to the house of the father of the deceased. The said lady went to the house of Shri Rulia Ram, the father of the deceased, and inquired about the whereabouts of the deceased. According to prosecution, the deceased was not there in her parents house. Rulia Ram thereafter came to the house of the accused and thereafter, the search about the whereabouts of the deceased was made, but she could not be traced and it was on 13.4.1990 that the dead body of the deceased was found lying in the river at a place known as 'Doda -Ki -Aul.' The dead body was taken out of the river and thereafter police was informed regarding the alleged commission of suicide by jumping into the river from the bridge by Smt. Kapuri Devi. On the basis of this information given to the police, a report was scribed at Police Station, Baijnath. However, no formal FIR was registered till April 17, 1990, which was so recorded on the basis of statement made by the father of the deceased.n During investigation, as per prosecution, it was revealed that the deceased was mal -treated by the accused as he did not provide her with adequate maintenance allowance and was not visiting her frequently from Delhi. It was also revealed from the investigation that the accused wanted to contract another marriage after divorcing the deceased Smt. Kapuri Devi. Thus, it was inferred that Smt. Kapuri Devi was compelled to commit suicide on account of the aforesaid reasons.
(3.)AS pointed out above, the accused after trial, was acquitted and the State has assailed the aforesaid acquittal order in the present appeal on various grounds.
Learned Assistant Advocate General and the learned counsel for the accused -respondent have been heard and we have been taken through the entire evidence examined during the trial.

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