PREET SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The informant/complainant has preferred an appeal under Section 372, Code of Criminal Procedure against the judgment and order of the Learned Sessions Judge, dated 30.09.2010 in SC No. 102/2008 acquitting the respondents of the charge framed against them, for having committed offences punishable under Sections 498-A/304-B/34 IPC.

(2.) The prosecution case is that on 07.04.2008 DD No.17A was recorded at about 02:35 PM on receipt of information that Manju (the deceased) was admitted in Ayushman Hospital, Dwarka with a history of electrocution; Manju was in a serious condition. On receipt of DD No. 17A, SI Rajnish (PW-16) reached the hospital but the patient was declared unfit to record a statement. The DD (complaint) was kept pending as no eye-witnesses were found at the deceaseds house or the hospital. On 09.04.2008 Manju died and DD No. 50B was recorded to this effect and Executive Magistrate Najafgarh (PW-1) was informed. On 10.04.2008 the Executive Magistrate recorded the statement of the father of the deceased Preet Singh, PW- 2 (who is also the Appellant). He stated that his daughter was married to Devender (the Respondent/accused) on 13.02.2005 and she had no problems for 2-3 months after her marriage but thereupon her husband, parents-in-law, jeth and jethani started demanding a car and since he could not fulfill their demands his daughter (the deceased) was given beatings on several occasions. Preet Singh further stated that he had brought his daughter back to her maternal home on many occasions due to the beatings she used to receive. On one occasion, she stayed in her maternal home for six months but after Preet Singh promised her father-in-law that he would arrange for the money the father-in-law took the deceased to her matrimonial home; this incident took place two months prior to the death of Manju. Preet Singh alleged that his daughter was killed due to non-payment of money. On the basis of Preet Singhs statement the SDM got the case registered and a FIR bearing No. 37/2008 was registered with PS J.P. Kalan under Sections 498-A/304-B/34 IPC. Charge was framed against the accused persons (the husband, parents-inlaw, jeth and jethani) under Sections 498-A/304-B/34 IPC or in the alternative under Sections 304-B/34 IPC. The accused pleaded not guilty and claimed trial.

(3.) The prosecution examined 22 witnesses and relied upon several exhibits. The Trial Court, after considering the same and after recording the statement of the Respondents under Section 313 Cr.PC concluded that the prosecution was unable to bring home the guilt of the Respondents beyond reasonable doubt and, therefore, acquitted them of all charges.