STATE Vs. KIRAN CHAND

JUDGEMENT

(1.) Through this leave petition the petitioner/State seeks leave to file an appeal against the judgment and order by the learned Additional Sessions Judge dated 12.8.2010 acquitting the accused-Respondent of the charge of having committed offence under Section 498/304B/34 Indian Penal Code (IPC).

(2.) The brief facts alleged by the prosecution were that the deceased-Munni married Chandra Kant on 22.11.2002. She committed suicide on 11.09.2003 by hanging herself at her parents house at T-125, Mangolpuri, Delhi. During investigation it transpired that the deceased (Munni) had left a suicide note which was produced and marked as Ex.2/A. The prosecution alleged that the deceased was inter alia meted out with cruelty which also pertains to demands for dowry made to her which compelled her to commit suicide. The prosecution primarily relied upon the testimony of PW-1 Lalita (Bhabi of the deceased), PW-2 Sh.Kailash Kumar (brother of the deceased) and PW-4 Sh.Bhoma Ram (father of the deceased).

(3.) The testimonies of the three relatives broadly were to the effect that the deceased was subjected to cruelty inasmuch as Kiran Chand (father-in-law of deceased), Chandra Kant ( husband of deceased) and Kanta (mother-inlaw of deceased) (the later two having being declared as proclaimed offenders) had made dowry demands and also treated Munni (deceased) with cruelty including acts of physical assault. The Trial Court, after considering the entire evidence on record concluded that the allegations of cruelty and violence were not believable so far as the respondent-Kiran Chand was concerned.