PRAFULLA C.PANT,J. - (1.) THIS appeal, preferred under Section 378 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and or­der dated 09.02.1994, passed by learned Additional Sessions Judge, Roorkee, in Sessions Trial No. 138 of 1990, whereby accused/respondent Devendra has been acquitted of charge of offence punishable under Section 302 of Indian Penal Code, 1860 (hereinaf­ter referred as I.P.C.).
(2.) HEARD learned counsel for the par­ties and perused the trial court's record. Prosecution story in brief is that about two years before the incident, Poonam (deceased) got married to ac­cused/respondent Devendra. On 20th January 1990, at about 6.00 A.M. Balendra, elder brother of accused/re­spondent, informed one Nasir that in the preceding night at about 1.00 A.M. Poonam has been murdered. On this, complainant P.W.1 Tahendra, brother of the deceased and P.W.2 Baspal, father of the deceased, went to the in-laws place of Poonam at Harjoli (within the limits of Police Station Manglaur, Dis­trict Haridwar) and saw her dead body. There was ligature mark on the neck of the deceased. The two suspected that Poonam has been murdered by her hus­band (accused/respondent Devendra), as he used to complain that Poonam was a dark complexioned lady. P.W. 1 Tahendra, lodged First Information Re­port (Ext.A-1) with Police Station Manglaur, against accused/respondent Devendra which was registered as Crime No. 35 of 1990, relating to of­fence punishable under Section 302 I.P.C., at about 2.15 P.M.. On 20th January 1990, P. W.8 Sub Inspector K.S. Randhawa, who was entrusted with the investigation, along with Police per­sonnel, went to the spot, took the dead body of the deceased in his possession and prepared Inquest Report (Ext.A-2). He also prepared other necessary papers and got sent the dead body in a sealed condition for postmortem examination. P.W.5 Dr. O.P. Sharma conducted postmortem examination on 21.01.1990 and prepared Autopsy Report (Ext.A-3). He found a ligature mark on the neck, an abrasion near the ligature mark and a contusion on the chest of the deceased and opined that the deceased had died on account of asphyxia due to strangu­lation. The Investigating Officer interro­gated the witnesses and prepared Site Plan (Ext.A-6). Later, the investigation was transferred to P.W.6 Ajay Kumar, Station Officer, who after completion of investigation submitted charge sheet (Ext. A-4) against accused/respondent Devendra for his trial in respect of of­fences punishable under Sections 302/201 I.P.C..
(3.) THE Magistrate, on receipt of the charge sheet, after giving necessary cop­ies to the accused, as required under Section 207 of Cr.P.C., appears to have committed the case to the court of Ses­sions for trial. Learned Additional Ses­sions Judge, Roorkee, to whom the case was transferred, after hearing the par­ties, framed charge of offence punishable under Section 302 I.P.C. against the accused/respondent Devendra on 02.07.1991, to which the accused/re­spondent pleaded not guilty and claimed to be tried. On this, prosecution got ex­amined P.W.1 Tahendra, complainant and brother of the deceased, P.W.2 Baspal, father of the deceased, P.W.3 Subhash, P.W.4 Om Prakash, P.W.5 Dr. O.P. Sharma, who conducted postmor­tem examination, P.W.6 Ajay Kumar, Station House Officer, who completed the investigation, P.W.7 Vikram Singh and P.W.8 Sub Inspector K.S. Randhawa, who started investigation. All the Oral and documentary evidence was put to the accused under Section 313 Cr.P.C., in reply to which he alleged the same to be false. However, as to the unnatural death of the deceased the ac­cused/respondent did not deny the same. It is alleged by him that father and brother of the deceased demanded Rs.30,000/- after the death of Poonam and when the demand was not met, they lodged false First Information Report against him. In defence, on behalf of ac­cused/respondent D.W.1 Munesh, D.W.2 Aslam Khan and D.W.3 Sitaram, were got examined and three letters (Ext.B-1, Ext.B-2 and Ext.B-3) allegedly written by the deceased before her death, were got proved apart from the papers relating to her primary school education.;