STATE Vs. RAMESH

JUDGEMENT

(1.) Crl. Leave Petition No.261/2009 has been preferred by the State. Crl. Revision Petition No.416/2009 has been preferred by the complainant in FIR No.680/2005 Hawa Singh. Both the parties are aggrieved by the impugned order dated 04.07.2009 vide which the Sessions Judge had acquitted the respondents Ramesh, Paras Ram and Laxmi of the offence under Sections 306/498-A/34 of the Indian Penal Code, 1860 (IPC). Respondent Ramesh was the husband of the victim Sulochna. Paras Ram and Laxmi were her father-in-law and mother-inlaw respectively.

(2.) Record reflects that on 08.12.2005, DD No. 15-A was recorded at P.S. Narela giving information that inside the Air Force Station, Ghogha, one girl had committed suicide. This DD discloses the time as 01:20 PM in the afternoon of 08.12.2005. Information was marked to SI Suraj Bhan (PW-12) who along with Constable Niraj Kumar (PW-11) reached the Air Force Station, to House No.96/97 where the deceased Sulochna was found hanging from the ceiling fan. She was already dead. Crime team was called. Crime team report was proved as Ex.PW-12/B. The photographer Constable Sushil Kumar (PW-2) had taken photographs of the scene of crime, which were proved as Ex.P-1 to Ex.P-6, and negatives of which were proved as Ex.P-7 to Ex.P-12.

(3.) The post-mortem on the body of the victim was conducted by Dr. Anil Shandil, Senior Resident of DDU Hospital (PW-4). His opinion on the cause of death, noted in the post mortem report (Ex.PW-4/A) was that it was asphyxia as the result of ante mortem hanging. The statement of the brother of the victim Hawa Singh (PW-3) was recorded. It was this statement (Ex.PW-3/A) which had formed the basis of the FIR. This statement was recorded on 09.12.2005. The statements of other brothers of the victim namely Suresh Kumar (PW-5) and Sahabuddin (PW-6) were also recorded. The statement of Smt. Jagwanti Devi (PW-8) sisterin- law of the victim was also recorded. The statement of a neighbour Jagbir Singh, who was also known to the family of her in-laws, was recorded as PW-7.