JUDGMENT

SUDHANSU JYOTI MUKHOPADHAYA, J.

This appeal is preferred by the State of Himachal Pradesh against the judgment dated 16th November, 2004 in Criminal Appeal No. 392 of 2002. By the impugned judgment the Division Bench of the Himachal Pradesh High Court at Shimla, acquitted the accused-respondent by allowing the appeal and set aside the order of conviction under Section 302 IPC and Section 498-A IPC with sentence thereunder, passed by the Sessions Judge, Hamirpur, HP on 13th June, 2002.

2. The respondent(herein) Jai Chand, along with two others were tried for offence punishable under Section 302 (r/w Section 34)IPC and Section 498-A IPC. Learned Sessions Judge, Hamirpur found Jai Chand, accused no. 1 to be guilty under Section 302 and 498-A IPC. He was sentenced to undergo Imprisonment for life and to pay fine of Rs.5000/-, in default of payment of fine, to undergo imprisonment for one year. No separate sentence under Section 498-A IPC was imposed upon the accused. The two other accused, namely, Prem Chand and Smt. Nimmo Devi were acquitted.

3. The record reveals that accused no. 1, Jai chand (respondent herein) and accused no. 2, Prem Chand are real brothers whereas accused no.3, Nimmo Devi is their sister-in-law (Bhabhi), the wife of their elder brother, Prakash Chand.

4. The prosecution version as unfolded during the trial may briefly be stated as follows:

Smt. Vidya Devi (since deceased) was wife of Jai Chand, accused no.1(respondent herein). She was married to Jai Chand in the year 1996. On 13th July, 2001, Smt. Vidhya Devi was brought to District Hospital, Hamirpur in serious condition by accused no. 1 for medical treatment. The Medical Officer on duty had informed the police, Police Station at Sadar vide Rapat No. 3 dated 13th July, 2001(Ex.PW-8/A) that one woman was brought to the hospital for medical treatment under suspicious circumstances. On the said information, Sansar Chand (PW-8), Inspector/S.H.O. accompanied by other police officials went to the hospital where he found the dead body of Vidya Devi lying in the Varanda. Roshan Lal, (PW-1), father of the deceased was standing near the dead body. He made statement (Ex.PW-1/A) that his son-in-law, Jai Chand(accused No.1) is a habitual drunkard and under the influence of liquor, he was in the habit of beating and treating his daughter with cruelty. Prem Chand (accused no.2) and Smt. Nimmo Devi (accused no.3) also used to taunt and abuse the deceased. Two years ago, accused no. 1, left the deceased at her parents’ house. PW-1 pacified his daughter that all this happens in joint families and sent her back to matrimonial house. In these circumstances, Vidhya Devi committed suicide due to mal-treatment and torture by all the accused persons. On 13th July, 2001 at about 8.30A.M. one Kashmir Singh, resident of his Village Kot, informed PW-1 that his daughter Vidhya Devi had been brought to the hospital at Hamirpur where she expired. PW-1 alongwith his son, Ajit Singh(PW-2) went to the hospital and found Vidhya Devi dead. PW-1 had noticed injuries on her person. The statement of PW-1 (Ex.PW.1/A) was forwarded by PW-8 (vide Ex.PW- 8/A) to the Police Station for registration of the case. First Information Report (Ex.PW-6/A) was recorded by PHC Ramesh Chand( PW-6) P.S. Sadar Hamairpur, H.P.. Investigation was conducted initially by PW-8. He prepared inquest reports (Ex.PW-2/A) and Ex.PW-2/B). He wrote an application (Ex.PW-8/B) to the Senior Medical officer, Zonal Hospital, Hamirpur for conducting the post-mortem to the dead body of the deceased. Photographs (Ex.P-9 to Ex.P-14) of the dead body were also taken. Jai Chand (accused no. 1) was present in the hospital and he handed over ‘dupattas’ (Ex.P-2),‘shirt’ (Ex.P-3) and ‘Salwar’ (P-6) of the deceased to PW-8 which were taken into possession vide memos; (Ex.PW-2/C and PW-2/D) respectively. Thereafter, PW-8 handed over the file for investigation to Hari Ram (PW-9). PW-9 collected the post-mortem repot(Ex.PW-10/A). On the