STATE NCT OF DELHI Vs. NARESH

JUDGEMENT

(1.) CRL. M.A. 2572/2011 (U/S 5 of the Limitation Act) in CRL. L.P. 117/2011 For the reasons mentioned in the application, the application is allowed. CRL. M.A. 2572/2011 is accordingly disposed of. CRL. L.P. 117/2011 The State, through this leave petition seeks leave to appeal against the judgment and order of the learned ASJ dated 30.08.2010 in S.C. No. 43/2008. The impugned judgment acquitted the respondents of the charge of having committed offences punishable under Sections 498/304/34 IPC.

(2.) THE prosecution story was that Jyoti (hereafter referred to as "the deceased") (who had married the respondent Naresh on 04.04.2003) had been treated cruelly, and the cruelty meted out to her compelled her to take her life; Jyoti committed suicide by hanging.

(3.) LEARNED APP urged that the Trial Court did not give any importance to the deposition of PW-4, the deceased's brother, who mentioned having received information on the fateful day about some quarrel in Jyoti's matrimonial home and subsequently having received information about her death. It was submitted that this corroborated the fact of the acts of cruelty and demands for various amounts made by the respondents from time to time, which had been spoken of by PW-1 and PW-2. LEARNED counsel also argued that the deposition of PW-22, a minor witness, established that Jyoti was unhappy with marriage; according to him the witness had implicated the husband, i.e. one of the respondents in this case.