SANJAY KAROL, J. - (1.)FOR an offence, which is alleged to have been committed during the period between 7.5.2001 to 21.5.2001, accused was put to trial. In terms of judgment dated 28.8.2001 passed by learned Sessions Judge, Mandi, in Sessions Trial No. 37 of 2001 titled as State of H.P. vs. Dharam Chand, accused stands acquitted of the charged offences.
(2.)IT is the case of the prosecution that on 7.5.2001, Kumari Babita (deceased) went with her father (accused Dharam Chand)towards river Beas at village Chhej, Tehsil Sarkaghat, Distt. Mandi. Sh. Shashi Kumar alias Viku (PW -4) son of the accused and brother of the deceased saw the accused carrying a gunny bag and a rope. Accused also purchased a tube of Celphose (poisonous substance) from Sh. Krishan Pal, Agriculture Extension Officer (PW -6). Later on accused made the deceased eat poison which resulted into her death. The dead body was packed by him in a gunny bag and thrown into river Beas. On 8.5.2001 when accused returned home alone PW -4 made inquiries and was told by the accused that the deceased had stayed back at a place known as Sandhol. On the following morning i.e. 9.5.2001 accused asked PW -4 to call his grand mother and uncle Prem Chand (PW -3). PW -4 called PW -3, when accused had a private conversation with PW -3. Thereafter all three of them proceeded towards Sandhol. They went near the side of the river but could not find traces of the deceased. Thereafter, accused separated himself from PW -3 & PW -4, but did not return till 20.5.2001. Instead accused went to Hoshiarpur (Punjab) where he met his co -brother Milap Chand (PW -12) and confessed of having murdered his daughter i.e. the deceased. Thereafter PW -12 brought the accused to his native village in Himachal Pradesh and informed PW -3 about the confession made by the accused. On 22.5.2001, Sh. Tek Chand (PW -2) another brother of the accused lodged a report (Ext.PE) with the police, on the basis of which F.I.R. No.117/2001 (Ext.PQ) dated 22.5.2001 under Section 364 IPC was registered at Police Station, Sarkaghat. ASI Neel Chand (PW -17) visited the spot and arrested the accused on 23.5.2001. On 25.5.2001, HC Jagat Singh (PW -14) was informed about detection of a dead body wrapped in a gunny bag, which was recovered in a totally decomposed state in the presence of Sh. Hari Dass and Sh. Lalit Kumar (not examined), Pradhan, Gram Panchayat. Body was identified to be that of the deceased and sent for post mortem which was conducted by Dr. B. B. Katoch (PW -1) who submitted his report Ext.PD. As per medical opinion, cause of death could not be ascertained for the reason that body was highly decomposed. No opinion with regard to poisoning of the body could also be given as no such traces were found. With the completion of investigation challan was presented in the Court for trial.
Accused was charged for having committed offences punishable under Sections 302 and 201 IPC, to which he did not plead guilty and claimed trial.

(3.)IN order to prove its case prosecution examined as many as 17 witnesses and statement of the accused under Section 313 Cr.PC was also recorded. Accused did not lead any evidence in defence.